- (1.) These appeals have come to this Court against the judgment of the Division Bench of the High Court of Rajasthan dated 29-9-86 wherein the learned Judges disposed of the following appeals by the impugned judgment and against this after grant of leave these appeals are before us : (1) The State of Rajasthan and another v. Prajapati Grah Nirman Samiti Ltd. (D. B. Civil Special Appeal No. 3 of 1978). (2) The State of Rajasthan and another v. Adhunik Grah Nirman Samiti Limited (D. B. Civil Special Appeal No. 4 of 1978). (3) The State of Rajasthan and another v M/s. Jai Marwar Company Pvt. Ltd., (D. B. Civil Special Appeal No. 5 of 1978). (4) Trustees of Major Maharaja Hari Singh Benefit of Defence Service Personnel Charitable Trust v. The State of Rajasthan and others (D. B. Civil Special Appeal No. 79 of 1981). (5) State of Rajasthan and another v. Maharaja Gaj Singh Ji (D. B. Civil Special Appeal No. 354 of 1984).
(2.) Initially the three writ petitions were filed before the High Court of Rajasthan by (i)Prajapati Grah Nirman Samiti Limited, (ii) Adhunik Grah Nirman Samiti Ltd., and (iii) M/s. Jai Marwar Company Pvt. Ltd. It was alleged that these three parties purchased respective areas of land for price by registered sale deeds two dated 4-11-1971 and one dated 5-11-1971 from Shri Gaj Singh, the erstwhile ruler of the Jodhpur State. These lands form part of Khasra No. 421 in the revenue records. There is yet another adjacent. land which also was in dispute in other matters than these three which was Khasra No. 426.
(3.) Facts which axe not in dispute are that after attainment of independence on 15th Aug. 1947 the rulers of the erstwhile princely States of Banswara, Bikaner, Bundi. Dungarpur, Jaipur, Jaisalmer, Jhalawar, Jodhpur, Kishangarh, Kota, Mewar, Partabgarh, Shahpura and Tonk entered into a Covenant with the Government of India integrating these States into one. Article 12 of the said Covenant provided for the private properties of the rulers of the Covenanting States. In Cl. (1) of this article it was prescribed that the ruler of each of the Covenanting State shall be entitled to the full ownership; use and enjoyment of all private properties. (as distinct from State properties), belonging to him on the date of his making over the Administration of the State. In accordance with the aforesaid clause in the Covenant, a list of private properties of the ruler of the former State of Jodhpur was prepared and it was approved by the Government of India on 24th March, 1949. In the said list of private properties the immovable properties were divided into three categories. Category 'A' consist of properties which were to be regarded as the family property of the Maharaja of Jodhpur and which will not be transferred. Category 'B' consists of properties which were to be regarded as family properties of Maharaja of Jodhpur but which will be disposable by him if he and his heir agree to do so. Category 'C' consists of property which is the absolute property of the Maharaja of Jodhpur with full rights of disposal. In the case in hand we are only concerned with Category 'C' property and in this category Umaid Bhawan Palace along with the area as per plan attached including the Chittar Tank and the Bijolai Tank and buildings was included.;