The Delhi Excessive Court docket has dismissed a plea filed by the property of Maharaja Dr Karni Singh of Bikaner, filed by way of the late Maharaja’s daughter, in search of arrears of hire from the Union authorities for the Bikaner Home property in Delhi. The courtroom, on February 24, held that authorized heirs can’t declare ex-gratia funds as a matter of authorized proper.
Categorised as state property after the mixing of princely states within the union dominion, Bikaner Home was taken on lease by the Union authorities from the Rajasthan authorities and Dr Karni Singh, the previous ruler of Bikaner, in 1950.
It was agreed that the constructing could be occupied on a month-to-month tenancy foundation, with a hire of Rs 3,742 monthly, of which one-third could be allotted to the property of the Maharaja of Bikaner and the remaining was to be paid to the Rajasthan authorities.
Dr Singh handed away in 1988. After the Union authorities was knowledgeable of his demise in 1991, the federal government stopped making the funds, petitioner Rajyashree Kumari Bikaner stated.
Justice Sachin Datta, whereas dismissing the plea, held that the property of the late Maharaja “has failed to ascertain any authorized proper over the involved property, nor has it demonstrated any authorized proper in respect of any alleged arrears of hire from the Union authorities”.
The courtroom additionally took into consideration that the Rajasthan authorities “holds full and absolute rights over the property in query” and famous that that the settlement on fee of one-third of the hire to the property was on a purely on ex-gratia foundation.
“It’s well-established in regulation that ex gratia funds are discretionary and never enforceable as a matter of authorized proper. Such funds are made voluntarily by the paying get together and can’t be claimed as an entitlement… After the dying of Dr Karni Singh, his heirs can’t declare these funds as a matter of authorized proper,” the courtroom reiterated in its order.
