AIR 1967 SUPREME COURT 346

Supreme Court Of India

Hon'ble Judge(s): S. Jafer Imam, S. K. Das, J. L. Kapur, Ajit Kumar Sarkar, M. Hidayatullah , JJJ

Constitution of India , Art.19(1)(f), Art.296— Grant -Construction - Kathiawad - Bhayat - grant - Grantee ceasing to be Bhayat Grant if lapsed -Infringement of fundamental right of grantee under Article 19 (1) (f) of Constitution. Government Grants Act (15 of 1895) , S.3— A Ruler of a State in Kathiawar executed two documents in favour of his younger son, the petitioner, one granting him in perpetuity and in heredity a village in the State for enjoyment as 'Kapal-Giras' as 'Bhayat' and another a 'Hak Patrak'. [The word 'Bhayat' means a cadet or the descendant of a younger branch of a Talukdar's family where the State follows the rule of primogeniture. 'Kapal-Giras' means, a grant in appanage as a birthright to a share in the patrimony.]. On the death of the Ruler and his elder son the petitioner succeeded his father as Ruler. The Government of the State of Saurashtra issued a notification declaring that the grant had lapsed and reverted to the State. Held on construction of the grant and Hak Patrak, that the grant was one to a cadet of the family and is enured for his benefit as long as he remained a cadet. The expression 'given as Bhayat' was not merely descriptive of the grantee, but indicated the true nature of the grant. The petitioner ceased to be a Bhayat on becoming a Ruler and the grant being given as Bhay....