The Delhi High Court Today (Feb 28) dismissed a petition by Maharaja Karni Singh’s heirs seeking rent arrears for Bikaner House from 1991-2014. The Court ruled that ex gratia payments are not a legal right.
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NEW DELHI: The Delhi High Court rejected a petition filed by the heirs of Maharaja Dr. Karni Singh, who was the last Maharaja of Bikaner. The petition was about claiming unpaid rent from the Central Government for Bikaner House in Delhi.
The heirs wanted rent payment for the period between 1991 and 2014. They argued that the government had stopped paying rent as per a 1951 agreement before vacating the building in 2014.
The Court, however, dismissed the plea.
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Justice Sachin Datta said that the heirs could not prove any legal right over the property. He stated that their claims were based on an ex gratia arrangement, which cannot be enforced as a legal right.
“The petitioner has failed to establish any legal right over the concerned property, nor has it demonstrated any legal right in respect of any alleged ‘arrears of rent’ from respondent no.1.,”
-the Court said while rejecting the plea.
The Court further observed that the Central Government had paid ex gratia rent to the Late Maharaja when he was alive, but his heirs could not demand it as a legal right.
“It is well-established in law that ex gratia payments are discretionary and are not enforceable as a matter of legal right. Such payments are made voluntarily by the paying party and cannot be claimed as an entitlement,”
-the Court stated.
Advocate Sriharsha Peechara, who represented the estate of the Late Maharaja, argued that under the 1951 ex gratia arrangement, the Centre had taken possession of Bikaner House on rent.
He explained that from 1951 to 1991, the rent was divided—one-third was given to the Maharaja, and two-thirds was paid to the Rajasthan Government.
He also told the Court that the Centre continued paying rent until September 1991 but stopped the payments after learning about the Maharaja’s demise.
After this, the Centre kept the rent payments on hold, citing a property dispute among the Maharaja’s legal heirs and a need for a No Objection Certificate (NOC) from the Rajasthan Government to confirm that no dues were pending.
Peechara argued that the Centre had assured that it would pay the arrears after adjusting any dues.
He also presented official letters from the Centre acknowledging the unpaid rent.
“They [Centre] never disputed my rights. It was never said that payment would be stopped after Maharaja’s demise,”
-he contended.
However, the Central Government opposed the petition, stating that Maharaja was not the owner of Bikaner House when the Centre occupied the building. The government also said that the 1951 arrangement was purely an ex gratia arrangement and not a legal obligation.
“It (ex gratia amounts) would be a small amount of Rs 6 lakh,”
-the Centre’s counsel added.
Maharaja of Bikaner passed away in 1988, leaving behind four legal heirs.
Bikaner House was built in 1922 during the reign of Maharaja Ganga Singh. After India’s independence, when princely states were merged with India, the Central Government took possession of Bikaner House.
In December 2014, the Supreme Court handed over the property to the Rajasthan Government. Currently, Bikaner House is owned by the Nagar Palika of Nokha, Rajasthan.
More recently, in September 2024, a trial court in Delhi ordered the attachment of Bikaner House because the Nagar Palika did not comply with an arbitral award.
ALSO READ: Why Delhi Court Ordered Attachment Of Historic Bikaner House?
A month later, the Court put its order on hold on the condition that the local authority deposits its arbitral dues within a week.
While dismissing the petition, the Court made it clear that the heirs had no legal right to continue receiving ex gratia rent after the Maharaja’s death.
“In the above circumstances, this Court is unable to find any legal basis in support of the petitioner’s assertion/s regarding entitlement to continued ex-gratia payment/s even after the demise of Dr. Karni Singh,”
-the Court stated.
Advocates Sriharsha Peechara, Akshat Kulshreshtha, and D.S. Bhanu appeared on behalf of the heirs.
Central Government Standing Counsel Rakesh Kumar, along with Advocate Sunil, represented the Centre.
CASE TITLE:
Estate of Maharaja Dr Karni Singhji of Bikaner Through Executrix vs. Union of India and Anr.
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