RAJA RAJINDER CHAND versus SUKHI

RAJA RAJINDER CHAND versus SUKHI

The appellant, as Jagirdar, cannot claim sovereign rights or title to pine trees on the basis of descent from independent Kangra rulers, as those rights passed by conquest to the Sikh rulers and then to the British. The British grant of 1848 did not include chil trees on proprietary and cultivated lands of the respondents. Entries in the Wajib-ul-arz do not establish either a custom, grant, or surrender of sovereign rights in the Raja's favour.

Parties
Appellant: Raja Rajinder Chand; Respondent: Sukhi; Intervener: State of Punjab
Jurisdiction
India
Judgment Date
23 October 1956
Procedural Posture
Civil Appeals / Supreme Court Appellate Decision From Punjab High Court Judgment Dated December 30, 1949, in Second Appeals From District Judge, Hoshiarpur, Original Suits From Subordinate Judge, Kangra
Outcome
Appeals dismissed.
Legal Topics
Right to Royal Trees, Interpretation of Grant/sanad, Entries in Wajib Ul Arz, Punjab Land Revenue Act, 1887, Distinction Between Ala Malik and Adna Malik
Property Law Land Revenue Law Right to Royal Trees Interpretation of Grant/sanad Entries in Wajib Ul Arz Punjab Land Revenue Act, 1887 Distinction Between Ala Malik and Adna Malik

Case Brief

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Parties

Raja Rajinder Chand

Appellant

Sukhi

Respondent

State of Punjab

Intervener

Procedural Posture

Civil Appeals / Supreme Court Appellate Decision From Punjab High Court Judgment Dated December 30, 1949, in Second Appeals From District Judge, Hoshiarpur, Original Suits From Subordinate Judge, Kangra

Legal Issues

  1. 1 Whether the appellant is entitled to ownership of all pine (chil) trees standing on lands within Nadaun Jagir based on (i) succession to sovereign rights of independent Kangra rulers, (ii) rights from grants by British Government, (iii) entries in the Wajib-ul-arz.

Ratio Decidendi

The appellant, as Jagirdar, cannot claim sovereign rights or title to pine trees on the basis of descent from independent Kangra rulers, as those rights passed by conquest to the Sikh rulers and then to the British. The British grant of 1848 did not include chil trees on proprietary and cultivated lands of the respondents. Entries in the Wajib-ul-arz do not establish either a custom, grant, or surrender of sovereign rights in the Raja's favour.

Court Disposition

Appeals dismissed.

Orders

  • No order as to costs in Supreme Court or courts below.