AIR 1959 BOMBAY 263 ::60 Bom LR 888 ::ILR (1959) Bom 67

Bombay High Court

Hon'ble Judge(s): Shah, Miabhoy , JJ

Kolhapur State (Application of Laws) Order (1949) , Cl.(5)— "Enactment" - Order awarding compensation on recommendation of Crown Representative - Subsequent merger of State with Bombay State - Liability of Bombay State - . International Law - Private The Maharaja in 1920 ordered the forfeiture of certain lands which were in the occupation of family of G as Sheri service lands. The forfeited lands were then granted by him to S. In 1942 the Maharaja died and as his successor was then a minor a regency council was constituted. G applied in 1942 to the Regency council to review the order of forfeiture. When the Regency council allowed his application S appealed to the Resident who restored the order of forfeiture. The Crown Representative on the appeal of G set aside the order of the Resident but recommended payment of compensation to S. S appealed to the Secretary of State in Council. While the appeal was pending the paramountcy of the British Crown lapsed and the appeal was returned to the Maharaja for disposal. The Maharaja confirmed the order of the Crown Representative and at the same time awarded compensation to S as recommended by him. Then the Kolhapur State merged with Bombay State. S brought a suit against the Bombay State for recovery of the amount of compensation. Held that S was not entitled to enforce his claim against....