AIR 1969 ANDHRA PRADESH 423 ::(1969) 1 Andh WR 425 ::ILR (1969) Andh Pra 442

Andhra Pradesh High Court

Hon'ble Judge(s): P. Jaganmohan Reddy , C.J. AND C. Kondaiah , J

(A) Constitution of India , Art.363, Art.226— "Dispute arising out of any provision of treaty or other similar instrument" - Agreement between Ruler and Government of India - Whether succession to personal or private property was made subject-matter of the guarantee or assurance - Ascertainment - Court can look into terms of the agreement - Words "personal rights" in Art.IV of agreement do not include private properties of Rulers. Words and Phrases - "Personal right" and "Private properties" Civil P.C. (5 of 1908) , S.9— Where the claims are made under the agreement between the Ruler and the Government of India, the jurisdiction of the Courts is barred; but where the claim falls outside the agreement, there can be no question of jurisdiction of the Courts being ousted. In petition under Article 226, the Courts have necessarily to look into the terms of the agreement to ascertain whether succession to personal or private property was also made the subject matter of the guarantee or assurance. Case law referred.(Para 19) The use of the words "personal rights" qua the Ruler has nothing to do with rights over private properties. The words "personal rights" must be construed ejusdem generis with privileges, dignities and titles which a Ruler qua a Ruler has, namely, immunity from jurisdiction of the Courts except with....