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State of Rajasthan & Anr. vs. Maharaja Sawai ManSingh Second Museum trust, Jaipur (Rajasthan) & Ors.

52.00 5.20

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Code of Civil Procedure, 1908–Order 7, Rule 11–Constitution of India, 1950–Art. 363–Suits for mandatory injunction, possession of property, permanent injunction and recovery of occupation charges–Prayer for rejection of plaint–Dismissed–Convenant was executed between Sawai Man Singh II and UOI in regard to property–Properties in Part-A of Schedule can only be used for official purpose and not for any commercial purpose–After the merger of erstwhile Jaipur State in UOI, these properties of erstwhile ruler cannot be considered as the properties which can be sold or disposed of all whims and fancies of any individual even by agreement between the parties–Suits are clearly barred under Art. 363 of Constitution of India as these were filed against the State Govt.–Plaints are liable to be rejected.