Delhi High Court Rejects Plea By Maharaja Karni Singh's Heir Asking Central Govt To Clear Rent Arrears On Bikaner House

The Delhi High Court has dismissed a petition filed by heir of Late Maharaja Dr. Karni Singh, the last one to hold the title of Maharaja of Bikaner, seeking arrears of rent from Central Government for the Bikaner House property in the national capital.

Justice Sachin Datta rejected the contentions raised by the petitioner- daughter of the Maharaja and said that she failed to establish any legal right over Bikaner House property.

“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.

After the integration of princely states into the Indian Dominion, Bikaner House was taken on lease by the Centre from Rajasthan Government and Maharaja Karni Singh in 1950. As per the arrangement, 67% of the rent was to be paid to the Government of Rajasthan while 33% was allocated to the Maharaja Karni Singh.

In 1951, the Government of India communicated that one-third of the rent from the property would be released to the Maharaja's Estate. Payments were made regularly until 1986 to the Government of Rajasthan and until 1991 to Late Maharaja.

After the Maharaja's death in 1991, the petitioner daughter requested the release of rent in four equal instalments for the legal heirs. It was her case that since the said representation, the Centre had stopped making the payment to her.

In 2014, the Supreme Court directed the Centre to vacate Bikaner House after a suit was filed by Rajasthan Government. The keys of the property were handed over to the officials of the latter thereafter. The plea stated that despite the vacation of the premises, the arrears of rent from October 1991 to December 2014 remained unpaid and the No Dues Certificate (NOC) was still not issued by the Rajasthan Government.

The plea sought a direction on the Union Government to not withhold the outstanding arrears of rent from October 1991 to December 2014. It further sought that the Centre do not insist upon issuance of NOC from Rajasthan Government for the release of outstanding rent for the Bikaner House.

Dismissing the plea, the Court said that the Rajasthan Government holds full and absolute rights over Bikaner House and that the daughter's claim was based on a 1951 letter which indicated that the Centre agreed to grant one-third of the rent to her on an “ex gratia” basis.

The Court said 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, it added.

“Respondent No. 1 did, in fact, provide the Late Dr. Karni Singh with one-third of the rent while he was alive, and this was done purely on an ex gratia basis. After the death of Dr. Karni Singh, his heirs cannot claim these payments as a matter of legal right,” the Court said.

It added: “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.”

Title: ESTATE OF MAHARAJA DR KARNI SINGHJI OF BIKANER THROUGH EXECUTRIX v. UNION OF INDIA AND ANR

Citation: 2025 LiveLaw (Del) 241

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