Delhi High Court reserves verdict on plea by Maharaja's heirs for rent arrears on Bikaner House

The Delhi High Court recently reserved its verdict on a petition by the heirs of Maharaja Dr. Karni Singh - the last Maharaja of Bikaner - claiming arrears of rent from the Central government from when it used to occupy the Bikaner House in Delhi [Estate of Maharaja Dr Karni Singhji of Bikaner Through Executrix vs. Union f India and Anr]. .The heirs have sought the payment of rental arrears between the years 1991, when the Centre allegedly stopped paying rent due under a 1951 agreement, and 2014 when it vacated the Bikaner House. Advocate Sriharsha Peechara, representing the estate of the late Maharaja, submitted that according to an ex gratia arrangement from 1951, the Centre had taken possession of Bikaner House on rent. He submitted that from 1951 till 1991, one-third of the rent amount was paid to the Maharaja and two-thirds was paid to the Rajasthan Government. The Court was further told that the Centre paid this rent till September 1991, but stopped making the payments after being informed of Maharaja’s demise..Thereafter, the Centre kept the rent payment on hold under the pretext of an alleged property dispute among the Maharaja’s legal heirs and a request for a no-objection certificate (NOC) of no dues payable from the Rajasthan Government.The Centre had claimed that it would pay the arrears after adjusting any dues, Advocate Peechara submitted.He also relied on several official letters from the Centre acknowledging the rental arrears. “They [Centre] never disputed my rights. it was never said that payment would be stopped after Maharaja’s demise,” he argued..The matter was heard by Justice Sachin Datta, who reserved his verdict on January 14."Ex gratia is a moral obligation, not a legal obligation," he observed during the hearing. .The Central government opposed the petition stating that Maharaja was not the Bikaner House's owner when the Centre occupied these premises and that the 1951 arrangement was only an ex gratia one.“It (ex gratia amounts) would be a small amount of ₹6 lakhs,” the Centre's counsel added. “I will consider," Justice Datta said, before reserving judgment..The Maharaja of Bikaner passed away in 1988 leaving four legal heirs.The Bikaner House was built in 1922 under the reign of Maharaja Ganga Singh. After independence, while princely States were being integrated with independent India, the Central government took possession of the Bikaner House. In December 2014, the Supreme Court gave possession of the property to the Rajasthan government. The Nagar Palika of Nokha, Rajasthan presently owns the Bikaner House. More recently, in September last year, a trial court in Delhi ordered the attachment of Bikaner House after the Nagar Palika failed to comply with an arbitral award. A month later, the court put its order on hold, on the condition that the local authority deposit its arbitral dues within a week.