While princely States become one with the Union of India over half-a-century ago, the fight for title over the property of the Maharajas rages on in courts.
One such case concerns a prime property named Kumkum Bungalow here. Located in Delhi’s posh Faridkot Lane at Copernicus Marg, the bungalow once belonged to the last ruling Maharaja of Baroda, Maharaja Pratapsinhrao Gaekwad.
The property has been the subject matter of a suit for over four decades now, with the government of Maharashtra claiming title over it.
Issues under contest
The issues under contest are whether it was the personal property of the Maharaja and whether its present occupants are in adverse possession for over four decades.
The present occupant had moved the Delhi High Court seeking a stay on proceedings before the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act on a notice issued by the State of Maharashtra. The Delhi High Court on Monday stayed the proceedings and reserved judgment.
The present occupant claims he possesses the property through predecessor in interest, the late Harin Shah, whose ownership was recognised by the Maharaja himself. The interest in the property was passed by the Maharaja to Harin Shah in 1940. In 1960s, a suit was filed by the Union of India and the State of Gujarat claiming ownership and possession. It was withdrawn in 1966 with liberty to file afresh, but that was not done. In 1974, the government replied on the floor of the Rajya Sabha that the property did not belong to the Union of India. But that too failed to bring the matter to rest.
In 1978, the State of Maharashtra raised a dispute and filed a suit seeking relief of declaration of title and possession. The occupants contested the same on the ground of absence of locus of the State of Maharashtra, lack of title, adverse possession, etc. Issues were framed in the suit in 1996.
While the suit initiated in 1978 was pending, the State of Maharashtra had in 2014 threatened action under the public premises Act and issued a notice under the same to the occupants of the property, who claim to be the rightful owners. In May 2016, a fresh notice under the Act was issued by the State for appearance before the Estate Officer on May 17.
The occupants moved a Single Judge Bench of the Delhi High Court, which they say wrongly held that the State of Maharashtra can avail both the remedies, i.e., suit for declaration of title, which is pending, and remedy under the Act at the same time.
It is against this order that the family moved in appeal before a Division Bench of High Court and got a stay on proceedings before the Estate Officer. The civil suit continues to remain pending in a Patiala House Courts.
