Telangana High Court
Safdar Un Nissa Begum Alias Badi ... vs Nawab Ghazi Jung on 23 April, 2024
* THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
+ Civil Suit No.9/1 of 1951
% 23.04.2024
# Between:
Safdar-un-Nissa Begum alias Badi Sahebzadi,
W/o. Nawab Shujahul Mulk
Deceased, caste Muslim, 67 years, Occ: Khanaishini,
Resident of Devidi Nawab Khane Khanan Bahadur,
Hyderabad and others.
... Plaintiffs
Vs.
Nawab Ghazi Jung, S/o. Nawab Fakrul Mulk,
Deceased, caste Muslim, aged 65 years, Occ: Jagirdar,
Resident of Somajiguda, Hyderabad and others.
... Defendants
! Counsel for Plaintiffs :
^ Counsel for Defendants : Mr. Vedula Srinivas representing
Mr. N.M.Krishnaiah for the LRs of D-No.15.
Mr. Zakir Ali Danish for D-Nos.29 and 30.
Mr. Mohd. Adnan for LRs of D-No.36 & R-49.
Mr. Mir Wajid Ali Kamil for LRs of D-No.39.
Mr. M.Shiiva Kumar for D-No.69.
Mr. P.Giri Krishna for R-72 & 82.
<GIST:
> HEAD NOTE:
? Cases referred
2
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
Civil Suit No.9/1 of 1951
1. Safdar-un-Nissa Begum alias Badi Sahebzadi,
W/o. Nawab Shujahul Mulk
Deceased, caste Muslim, 67 years, Occ: Khanaishini,
Resident of Devidi Nawab Khane Khanan Bahadur,
Hyderabad.
2. Fakarunnisa Begum alias Manjle Sahibzadi
W/o. Nawab Turab Yar Jung Bahadur, caste Muslim,
Aged 68 years, Occ: Khanaishini, resident of Nizam Bagh,
Dewan Devdi, Hyderabad.
......Plaintiffs
Vs.
1. Nawab Ghazi Jung, S/o. Nawab Fakrul Mulk,
Deceased, caste Muslim, aged 65 years, Occ: Jagirdar,
Resident of Somajiguda, Hyderabad.
2. Nawab Rais Yar Jung Bahadur, S/o. Nawab Fakrul Mulk,
Deceased, caste Muslim, aged 60 years, Occ: Jagirdar, Resident
at A.C. Guards, Hyderabad.
3. Nawab Rais Jung Bagadur, S/o. Nawab Fakrul Mulk,
Deceased, caste Muslim, aged 55 years, Occ: Jagirdar,
Resident of Banjara Hills, Hyderabad.
4. Nawab Shah Nawaz Jung Bahadur, S/o. Nawab Fakrul Mulk,
Deceased, caste Muslim, aged 47 years, Occ: Jagirdar, Resident
of Amirpet, Hyderabad.
5. Riyasatunnisa Begum alias Sanjle Sahibzadi,
W/o. Nawab Kamal Yar Jung Bahadur,
Deceased, caste Muslin, aged 50 years, Occ: Khananishini,
Resident of Khane Khanan Palace, Hyderabad.
3
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
6. Nawab Aijaz Hussain Khan, S/o. Nawab Fakar Jung,
Deceased, caste Muslim, aged 26 years, Occ: Jagirdar,
Resident of Mir Alam Mandi in the house of Nawab Ahmed Yar
Jung.
7. Nawab Mumtaz Hussain Khan, S/o. Nawab Fakar Jung,
Deceased, caste Muslim, aged 24 years, Occ: Jagirdar,
Resident of Mir Alam Mandi in the house of
Nawab Ahmed Yar Jung.
8. Jahandarunnisa Begum virgin daughter of Nawab Fakar
Jung, Deceased, caste Muslim, aged 25 years, Occ: hananishini,
Resident of Mir Alam Mandi in the house of
Nawab Ahmed Yar Jung.
9. Mir Liyaquat Hussain Khan S/o. Nawab Fakar Jung
Deceased, caste Muslim, aged 40 years,
Asst. Superintendent of the Excise,
Resident of Somajiguda, near the bunglow of Nawab Shukat
Jung.
10. Mir Layak Hussain Khan S/o. Nawab Fakar Jung
Deceased, caste Muslim, aged 27 years,
Occ: Military Service, Resident of Lakdi kapool, Hyderabad.
11. Tahwarunnisa Begum D/o. Nawab Fakar Jung,
Deceased, caste Muslim, aged 30 years, Occ: Khananishini,
Resident of Lakdi kapool, in the house of Defendant No.9.
12. Kifayatunnisa Begum D/o. Nawab Fakar Jung,
Deceased, caste Muslim, aged 28 years, Occ: Khananishini,
Resident of Lakdi kapool, Hyderabad in the house of Defendant
No.9.
13. Dilawarunnisa Begum D/o. Nawab Fakar Jung
Deceased, caste Muslim, aged 26 years, Occ: Khananishini,
Resident of Lakdi kapool, Hyderabad, in the house of Defendant
No.9.
14. Mir Jahangir Hussain Khan S/o. Nawab Fakar Jung,
Deceased, caste Muslim, aged 35 years, Occ: Jagirdar,
Resident at locality of Barhanay Sahib near Devdi of Askar
Jung.
4
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
15. Zahoorunnisa Begum D/o.Nawab Fakar Jung
Deceased, caste Muslim, aged 25 years, Occ: Khananishini,
Resident at locality of Barhanay Sahib near Devdi of Askar
Jung.
16. Mir Muzaffar Hussain Khan S/o. Nawab Fakar Jung(Party
Receiver D-16), caste Muslim, aged 30 years, Occ: Jagirdar,
Resident at Khairtabad near bungalow of Suleiman Ali Khan.
17. Shamsunnisa Begum D/o. Nawab Fakar Jung,
caste Muslim, aged 26 years, Occ: Khananishini,
Resident at Khairtabad near bungalow of Suleiman Ali Khan.
18. Wazirunnisa Begum D/o. Nawab Fakar Jung,
caste Muslim, aged 25 years, Occ: Khananishini,
Resident at Khairtabad near bungalow of Suleiman Ali Khan.
19. Nadarunnisa Begum, D/o. Late Nawab Fakar Jung,
caste Muslim, aged 24 years, Occ: Khananishini,
Khairtabad near bungalow of Suleiman Ali Khan in the house of
D-10.
20. Dawarunnisa Begum D/o. Late Nawab Fakar Jung,
caste Muslim, aged 23 years, Occ: Khananishini,
Khairtabad, near bungalow of Suleiman Ali Khan in the house
of D-16.
21. Mir Musharaff Hussain Khan S/o. Late Nawab Fakar Jung,
caste Muslim, aged 28 years, Occ: Tahsildar,
Mominabad, Beed District.
22. Chandani Begum D/o. Late Nawab Fakar Jung,
W/o. Mir Hussain Ali Khan, caste Muslim, aged 25 years,
Occ: Khananishini, resident of Haveli Khadim,
In the house of Ahmed Ali Khan, Jagirdar.
23. Nawab Fakar Nawaz Jung Bahadur S/o. late Nawab Ali
Yavar Jung Bahadur, aged 45 years, Occ: Govt., Service caste
Muslim, residence near Hyderabad Municipality Office,
Hyderabad.
24. Mir Ameer Hussain Khan S/o. Nawab Fakar Jung,
caste Muslim, aged 26 years, Student, resident of Khairtabad
Lakdi Kapool Opposite to Mumtaz Mansion.
5
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
25. Meharunnisa Begum W/o. late Nawab Fakar Jung,
Caste Muslim, aged 50 years, Occ: Khananishini,
Resident of Somajiguda, Opposite to Jaffer Mansion.
26. Shahzadi Khanam W/o. late Nawab Fakar Jung,
caste Muslim, aged 40 years, Occ: Khananishini,
Resident in the locality known as Dargah Bahanay Saheb,
near the Devdi of late Askar Jung, Hyderabad.
... Defendants.
Amina Begum W/o. Late Mir Liyaqath Hussain Khan (D-27)
Mir Mohi Khan S/o. Late Mir Liyaqath Hussain Khan (D-28)
Mir Hussain Khan S/o. Late Mir Liyaqath Hussain Khan (D-29)
Mir Abbas Khan S/o. Late Mir Liyaqath Hussain Khan (D-30)
Fakhar Sultana Begum D/o. Late Mir Liyaqath Hussain Khan
(D-31)
Muneer Sultana Begum D/o. Late Mir Liyaqath Hussain Khan
(D-32)
(Defendant Nos.27, 28, 29, 30, 31 & 32 brought on record
as the Legal representative of deceased defendant No.9,
by court order dated 10.10.1958 in Appl.Nos.97 & 98 of
1958)
Fazilat Hussain S/o. Nawab Rais Yar Jung Bahadur (D-33)
Mujtaba Hussain S/o. Nawab Rais Yar Jung Bahadur (D-34)
Shah Jahan Begum D/o. Nawab Rais Yar Jung Bahadur (D-35)
Fakher Jahan Begum D/o. Nawab Rais Yar Jung Bahadur (D-36)
Smt.Bilaquis Jahan Begum W/o. Nawab Rais Yar Jung Bahadur (D-37)
(Defendant Nos.33 to 37 brought on record as the Legal
representatives of deceased defendant No.2, by court order
dated 13.10.1961 in Appl.No.78 of 1961)
6
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Malan Begum W/o. Nawab Rais Jung (D-38)
Mozam Hussain S/o. Nawab Rais Jung (D-39)
Azam Hussain S/o. Nawab Rais Jung (D-40)
Murtuza Hussain S/o. Nawab Rais Jung (D-41)
Kazam Hussain S/o. Nawab Rais Jung (D-42)
Jahanara Begum D/o. Nawab Rais Jung (D-43)
Khavarunnisa Begum D/o. Nawab Rais Jung (D-44)
Basheerunnisa Begum D/o. Nawab Rais Jung (D-45)
Syed Mohammed S/o. Kamalunnisa Begum, deceased
(Daughter of Nawab Rais Jung), Grand-son (Daughter's Son) (D-46)
Bilquis Jahan Begum D/o. Nawab Rais Jung (D-47)
Raisunnisa Begum D/o. Nawab Rais Jung (D-48)
(Defendant Nos.38 to 48 brought on record as the legal
representatives of deceased defendant No.3, by court
order dated 21.01.1966 in Appl.No.4 of 1966)
Yawarunnisa Begum D/o. Late Nawab Gazi Jung(D-49)
Jahan Parwarunnisa Begum D/o. Late Nawab Gazi Jung (D-50)
Syed Mohd. Zaki S/o. Late Syed Md. Taqi(D-51)
Syed Hasan Askari S/o. Late Syed Md. Taqi (D-52)
Rafat Jahan Kazim D/o. Late Syed Md. Taqi (D-53)
(Defendant Nos.49 to 53 brought on record as the legal
representatives of deceased defendant No.1, by court order
dated 25.08.1972 in Appl.No.50/1972.)
7
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Munirunnisa Begum D/o. Late Mir Mujtaba Hussain(D-54)
Sarfaraz Jahan Begum D/o. Late Mir Mujtaba Hussain(D-55)
(Defendants 33, 35, 36 & 45 brought on record as the legal
representatives of deceased defendant No.37 & 34 besides
bringing on record the defendant Nos.54 & 55, by court
order dated 28.09.1975 in Appl.No.117/1975.)
Najeebunnisa Begum D/o. Late Shaha Nawaz Jung(D-56)
Azizunnisa Begum D/o. Late Shaha Nawaz Jung(D-57)
(Defendant No.56 & 57 brought on record as the legal
representatives of deceased defendant No.4, by court order
dated 22.02.1980 in Appl.No.14/1980.)
Shahida Sultana W/o. Mir Musharaf Hussain(D-58)
Mir Masarath Hussain S/o. Mir Musharaf Hussain(D-59)
Mir Vizarath Hussain S/o. Mir Musharaf Hussain(D-60)
Mir Sadiq Hussain S/o. Mir Musharaf Hussain(D-61)
Mir Ali Hussain S/o. Mir Musharaf Hussain (D-62)
Mir Sadath Hussain S/o. Mir Musharaf Hussain (D-63)
Mehajabeen Shaik D/o. Mir Musharaf Hussain(D-64)
Razia Khan D/o. Mir Musharaf Hussain (D-65)
Rafia Sultana D/o. Mir Musharaf Hussain (D-66)
Shaheen Ameer D/o. Mir Musharaf Hussain (D-67)
(Defendant Nos. 58 to 67 brought on record as Legal
representatives of deceased defendant No.21, by court
order dated 16.11.1985 in Appl.No.278/1985.)
8
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Mohd Burhan Ali Khan S/o.Mohd.Zaki Khan(D-68),
Mohd Ali Hussain Khan S/o.Mohd.Burhan Ali Khan(D-69)
(Defendant No.68 & 69 brought on record as Legal
representatives of deceased defendant No.57, by court
order dated 08-09-1989 in Appl.No.459/1989)
Sakeena Begum D/o. Late Nadirunnisa Begum(D-70)
Bathul Mirza D/o. Late Nadirunnisa Begum(D-71)
(Defendant No.70 & 71 brought on record as Legal
representatives of deceased defendant No.19, by court
order dated 09-11-2000 in Appl.No.1628/2000.)
Noori Muzzaffar Hussain S/o. Late Mir Muzaffar Hussain(D-72)
(Defendant No.72 brought on record as Legal
representatives of deceased defendant No.16, by court
order dated 16-12-2003 in Appl.No.1386/2003)
Amtuz Zehra W/o. Luthfe Ali(D-73)
Ali Hasan Khan S/o. Fakhr Nawaz Jung(D-74)
Ali Hussain Khan S/o. Fakhr Nawaz Jung(D-75)
Ali Mohsin Khan S/o. Fakhr Nawaz Jung(D-76)
(Defendant Nos.73 to 76 brought on record as Legal
representatives of deceased defendant No.49, by court
order dated 19-03-2004 in Appl.No.1403/2003)
Chand Sultana W/o. Syed Mohammed Ali Khan,
D/o. Kifayat unnisa begum(D-77)
(Defendant No.77 brought on record as Legal
representative of deceased defendant No.12, by court order
dated 01.10.2004 in Appl.No.1264/2004)
9
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Mir Muktar Hussain S/o. Kifayathunnisa Begum(D-78)
Sadiqua Sultana D/o. Kifayathunnisa Begum (D-79)
Tahera Sultana D/o. Kifayathunnisa Begum (D-80)
(Defendant Nos.78 to 80 brought on record as Legal
representative of deceased defendant No.12, by court order
dated 14.10.2004 in Appl. 1075/2004)
Zohra Begum D/o. Late Jahandarunnisa Begum(D-81)
Mirza Ahmed Ali Khan S/o. Late Jahandarunnisa Begum (D-82)
(Defendant No.81 & 82 brought on record as Legal
representative of deceased defendant No.8, by court order
dated 05.11.2004 in Appl. 1061/2004)
Fatima Roushanak W/o. Ali Asghar, D/o. Daverunnisa
Begum(D-83)
Mumtaz Anwar Ali W/o. Chandrasegaram, D/o. Daverunnisa
Begum (D-84)
(Defendant No.83 & 84 brought on record as Legal
representatives of deceased defendant No.20, by court
order dated 22.02.2008 in Appl. 672/2005)
Kulsum Sultana Shajoon D/o. Late Najeebunnisa Begum (D-85)
(Defendant No.85 brought on record as Legal
representatives of deceased defendant No.56, by court
order dated 20.12.2005)
86. Mir Mustafa Ali khan S/o. Mir Hussain Ali Khan (D-86)
87. Hussain Banu W/o. Syed Mohammed Naqui (D-87)
88. Mir Raza Ali Khan S/o. Mir Hussain Ali Khan (D-88)
(Defendant Nos. 86 to 88 brought on record as Legal
representatives of deceased defendant No.22, by court
order dated 27.07.2009 in Appl. No.601/2009)
10
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
89. Md. Ali Hussain Khan S/o. Burhan Ali Khan (D-89)
(Defendant No.89 brought on record as Legal
representative of deceased defendant No.68, by court order
dated 23.01.2012 in Appl. No.657/2011)
90. Mir Sarfaraz Husain S/o. Mir Moazam Husain
91. Mir Akber Husain S/o. Mir Moazam Husain
92. Mir Asgar Husain S/o. Mir Moazam Husain
93. Dr. Fatima Shanaz D/o. Mir Moazam Husain
94. Begum Sultana Hasan D/o. Mir Moazam Husain
(Defendant Nos.90 to 94 brought on record as Legal
representatives of deceased defendant No.39, by court
order dated 19.12.2022 in Appl. No.1/2020)
11
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
JUDGMENT:
(Per the Hon'ble Sri Justice N.V.Shravan Kumar)
I. History, Background and brief facts of Civil Suit No.9/1 of 1951:
The Suit was originally filed between Nawab Ghaji Jung
and heirs of Nawab Fakhr Jung. The Suit was filed on
15.05.1946 and the plaint was presented on 30.8.1951.
2. Originally Plaintiff Nos.1 and 2 filed a Suit in Darul Quaza
Court on 04.07.1355 Fasli, which was decreed on 21.02.1358
Fasli. The Decree was set aside in view of compromise between
the Two plaintiffs and the Defendant Nos.5 and 1 to 4 and 23
and compromise Decree was passed on 22.9.1950, and
thereafter, the suit was remanded under Section 19 of Code of
Civil Procedure, 1908 to this High Court for trial regarding the
rest of the defendants and the case was transferred to this High
Court as the Court of Darul Quaza Court was abolished.
3. The record reveals that Nawab Fakher Jung died on
19.09.1934 leaving behind five (5) sons and four (4) daughters.
The details are extracted from the report:
"Sons
1. Nawab Ghazi Jung (Defendant No.1 in the suit)
2. Nawab Fakhar Jung
3. Nawab Raisyar Jung (Defendant No.2 in the suit)
4. Nawab Rais Jung (Defendant No.3 in the suit)
5. Nawab Shah Nawaz Jung (Defendant No.4 in the suit)
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Daughters
1. Safdarunnisa Begum (Plaintiff No.1 in the suit).
2. Fakhrunnisa Begum (Plaintiff No.2 in the suit).
3. Raisathunnisa Begum (Defendant No.5 in the suit).
4. Zehra Talak Qamar Ara Begum (Wife of defendant No.23)
Fakhar Nawaz Jung Bahadur, husband of Zehra Talat Qamar
Ara Begum, 4th daughter of the deceased, was brought on record
as her legal representative and defendant No.23.
Heirs of Nawab Fakhar Jung, 2nd son of deceased had (8) sons,
(11) daughters and (4) wives.
(8) sons
1. Mir Ajaz Hussain (Defendant No.6 in the suit)
2. Mir Mumtaz Hussain (Defendant No.7 in the suit)
3. Mir Liaqath Hussain (Defendant No.9 in the suit)
4. Mir Laik Hussain (Defendant No.10 in the suit)
5. Mir Jahangir Hussain (Defendant No.14 in the suit)
6. Mir Muzaffar Hussain (Defendant No.16 in the suit)
7. Mir Musharaff Hussain (Defendant No.21 in the suit)
8. Mir Amir Hussain (Defendant No.24 in the suit)
(11) Daughters
1. Dowarunninsa Begum (Defendant No.20 in the suit)
2. Badarunnisa Begum (Died after inheriting a share
in the Matruka of her
father and in her
place her mother,
Meherunnisa Begum
became a party in the
suit as defendant No.
25)
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
3. Tahawarunnisa Begum (Defendant No.11 in the suit)
4. Shamsunnisa Begum (Defendant No.17 in the suit)
5. Kifayathunnisa Begum (Defendant No.12 in the suit)
6. Nadarunnisa Begum (Defendant No.18 in the suit)
7. Zahoorunnisa Begum (Defendant No.15 in the suit)
8. Dilawarunnisa Begum (Defendant No.13 in the suit)
9. Vazeerunnisa Begum (Defendant No.19 in the suit)
10. Jahadarunnisa Begum (Defendant No.8 in the suit)
11. Chandni Begum (Defendant No.22 in the suit)
(4 ) Wives
They got their share out of the Court except
Gowharunnisa Begum, the 4th wife who died after
inheriting her share in the Matruka.
This share devolved upon her sons defendant
Nos.6 and 7 and her daughter defendant No.8 in
the ratio of 2 : 1 as per the preliminary decree
dated 25.04.1951.
2. The record reveals that three months after the
death of Nawab Fakhrul Mulk, H.E.H. Nizam VII
issued a 'Firman' (decree) appointing a Committee
for the management of the estate of the deceased
i.e., Jagir and Matruka.
This Committee consisted of the five (5) sons of
the deceased Nawab and one Secretary
appointed by the Government. The Committee
functioned hardly for two years or so when
Nawab Fakhar Jung died in 1936. Thereafter the
Committee functioned with only four sons of the
deceased Nawab and the Secretary.
The Committee continued to function upto the
police action in 1948. The sons and daughters of
late Fakhar Jung were not made members of the
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Committee in place of their father for the reason
that their succession proceedings were pending
before the Atiyat Court. Being aggrieved by
certain actions of the Committee, the first two
daughters of the deceased, viz., Safdarunnisa
Begum and Fakhrunnisa Begum, filed a suit in
1355 Fasli in Darul Qaza Court, for the partition
of the Matruka of their deceased father, Nawab
Fakhrul Mulk. In this suit, the third daughter of
the deceased Nawab, viz., Riasathunnisa Begum
(defendant No.5), the husband of the deceased -
fourth daughter (defendant No.23), the four sons
of late Nawab Fakhrul Mulk and the legal
representative of late Fakhar Jung were
impleaded.
3. The legal representatives of late Fakhar Jung
(Defendant No.6 to 22, Defendant No.24 & 25)
were made as the parties in the appeal before the
Hon'ble High Court. During pendency of the
appeal the "Virasat", of Fakhar Jung sanctioned
by a Firman of the H.E.H. the Nizam VII, in the
name of legal representatives of Fakhar Jung.
This appeal was allowed by an order dated
22-09-1950 of Honourable High Court, as per
some compromise between the parties, and the
case was remanded to the lower court for passing
preliminary decree after taking necessary
evidence. Later on the case came to be dealt with
on the original side of this Honourable High Court.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
4. Based on the three compromise petitions, a preliminary
decree was passed by this Court on 25.04.1951 for partition of
the properties, which reads as under:
Part II
PASSING OF PRELIMINARY DECREE:
4. In 1951 basing on three compromise petitions
dt.23.4.1951, a preliminary decree was passed
on 25.4.1951. The Compromise petitions are:-
1. Petition No.1, dated 23-04-1951
between the two plaintiffs and
defendant No.5 and the heirs of Nawab
, defendant No. 24 and 25.
2. Petition No.2, dated 23-04-1951
between defendant No.23 (Fakhar
Nawab Jung) and the heirs of Nawab
Fakhar Jung i.e., defendant No.6 to 22,
defendant No. 24 and 25.
3. Petition No.3, dated 23-04-1951
between defendant No.1 to 4 and the
heirs of Nawab Fakhar Jung i.e.,
defendant No.6 to 22, defendant No.24
and 25.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
5. All the above three compromise petitions have
been fully implemented except distribution of the
remaining Matruka amongst defendant No.1, legal
representatives of Nawab Fakhar Jung who are
defendant No.6 to 22, defendant No. 24 and
defendant No. 25 and defendant No. 3 and 4.
6. Defendant No. 23 was already paid his full
share as per the compromise petition No. 2.
Hence, he has no more claims. According to the
compromise petition No. 3, defendant No. 1 to 4,
were to get their shares in the remaining
Matruka."
5. In the clauses of preliminary decree dated 25.04.1951,
the entitlement of shares by each part and mode of partition
etc., were mentioned. There are five branches, who are the legal
heirs of Nawab Fakhr-ul-Mulk and were entitled for partition.
The four daughters of Nawab Fakhr-ul-Mulk are both the
plaintiff, defendant No.5 and also wife of defendant No.23.
The daughters were excluded from taking any share in the nine
(9) immovale properties involved in this case. The said
properties are as under:
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
SCHEDULE LIST OF IMMOVABLE PROPERTIES -
MATRUKA OF LATE NAWAB FAKHRUL MULK IN
Sl.No. Description of the immovable Cost of Cost of Total
property the the land
buildin (Rs)
g (Rs) (Rs)
(1) (2) (3) (4) (5)
1. Erram Manzil with adjacent 8,00,0 2,20,00 10,20,000
land measuring Acs.22.00 00 0
relating to the Erram Manzil
2. Remaining land adjacent to - 7,50,00 7,50,000
measuring Acs. 75.27 Gts.
3. Bungalow Errum Numa, 3,42,0 30,000 3,72,000
Yerragadda, after deducting 00
the land of Maqbara,
measuring Acs.59.00
4. Bungalow at Bollarum, along- 81,000 28,000 1,09,000
with the land measuring Acs.
14.00
5. Devdi at Balda 66,000 5,000 1,18,000
6. Mulgies and the land adjacent 12,000 66,000 78,000
to the Devdi at Balda
7. Land situated at - 2,000 2,000
Behloolkhanguda
8. Land situated at Yousufguda - 2,000 2,000
9. Land situated at Moosapet - 4,000 4,000
24,55,000
Total
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
6. The said nine (9) properties were devolved on the four
sons of Nawab Fakhr-ul-Mulk and the heirs of Nawab Fakhar
Jung (deceased son). Thereafter, compromise was arrived and
three Compromise petitions were filed.
II. DETAILS OF PRELIMINARY DECREE:
"IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
Preliminary decree in Original Suit
Original Suit No. 9/1/1951
Before
The Hon'ble Dr. Justice Mr. Siadat Ali Khan,
M.A., LLB, Bar-at-Law, D.Phil: B.C.L.
Between
1. Safder Unissa Begum @ Badi Saheb-Zadi
w/o. Nawab Shujahul Mulk
2. Fakarunissa Begum @ Manjile Sahib-Zadi w/o. Nawab
Turab Yar Jung
Vs.
1. Nawab Ghazi Jung Bahadur s/o. Nawab Fakrul Mulk
2. Nawab Rais Yar Jung Bahadur s/o. Nawab Fakrul Mulk
3. Nawab Rais Jung Bahadur s/o. Nawab Fakrul Mulk
4. Nawab Shah Nawaz Jung Bahadur s/o. Nawab Fakrul Mulk
5. Riasatunissa Begum @ Sanjile Sahib-Zadi
6. Nawab Aijaz Hussain Khan s/o. Nawab Fakar Jung
7. Nawab Mumtaz Hussain Khan s/o. Nawab Fakar Jung
8. Jahandarunnisa begum d/o. Nawab Fakar Jung
9. Liakat Hussain Khan s/o. Nawab Fakar Jung
10. Liak Hussain Khan s/o. Nawab Fakar Jung
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
11. Tahwarunnisa Begum d/o. Nawab Fakar Jung
12. Kiffayatunnis Begum d/o. Nawab Fakar Jung
13. Dilawarunnisa Begum d/o. Nawab Fakar Jung
14. Jahangir Hussain Khan s/o. Nawab Fakar Jung
15. Zaharunnisa Begum d/o. Nawab Fakar Jung
16. Mir Muzaffar Hussain Khan s/o. Nawab Fakar Jung
17. Shamsunnisa Begum d/o. Nawab Fakar Jung
18. Vazirunnisa Begum d/o. Nawab Fakar Jung
19. Nadirunnisa Begum d/o. Nawab Fakar Jung
20. Dawarunnisa Begum d/o. Nawab Fakar Jung
21. Mir Musharaff Hussain Khan s/o. Nawab Fakar Jung
22. Chandi Begum d/o. Nawab Fakar Jung
23. Nawab Fakar Nawaz Jung Bahadur s/o. Late Nawab
Ali Yavar Jung
24. Amir Hussain Khan s/o. Nawab Fakar Jung
25. Meherunnisa Begum w/o. Fakar Jung
26. Shazadi Khanam w/o. Nawab Fakar Jung
Suit for the recovery of Rs.4,00,000/- being the
share of the plaintiffs in the Matruka property of late
Nawab Fakrul Mulk and for costs.
Plaint presented on the 10th Khurdad 1355 Fasli.
The suit coming on for hearing on 25th day of April
1951, before Hon'ble Dr.Justice Mr.Siadat Ali Khan
M.A.,LLB,Bar-at-Law, D.Phil:B.C.L., in the presence of
Mr.Syed Mohammed Hadi and Mr.Mir Akbar Ali Khan,
counsel, Mr.Irshad Hussain Advocate for the plaintiffs
and Mr.Khader Mohinuddin, Vakil for defendants 1 to 4
Mr. Aftab Hussain, Vakil for defendant No.2, Raja
Bahadur Biseshwaranath, Advocate for defendant
No.5, Mr. Laxman Rao Ganu, Advocate for defendants
No.6,7,9 to 13 and 22,24 and 25, Mr.Mansoor Ahmed,
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Advocate for defendant No.8, Mr. Sirajul Haq for
defendants No.14,15 and 26 and Mr. Gazanfar Ali
Khan, Vakil for defendant No.23.
And the parties having compromised the suit and
filed three compromise petition namely,
Petition No.1 dated 23.04.1995 between the two
plaintiffs, defendant No.5 on the one hand, and the
heirs of Nawab Fakhar Jung on the other,
Petition No.2 dated 23.04.1951 between
defendant No.23 on the one hand, and the heirs of
Nawab Fakhar Jung on the other,
Petition No.3 dated 23.04.1951 between
defendant 1 to 4 on the one hand, and the heirs of
Nawab Fakhar Jung on the other,
which petitions have been duly sanctioned on
23.04.1951 and 25.04.1951, copies of which are being
attached here-with as part of the decree, the court doth
decree and order as follows:-
(a) that an amount of Rs. 1,17,000/- be paid to
each of the two plaintiffs and defendant No. 5, namely,
daughters of late Nawab Fakhrul Mulk, in full
satisfaction of their rights in, and claim to the Matruka
of late Nawab Fakhrul Mulk, whether or not included in
the suit from the Erram Manzil amount subject to the
deductions provided for hereinafter;
(b) that out of the said Rs. 1,17,000/- payable to
each of the said three daughters, Rs. 1,000/- each i.e.,
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
in all Rs. 3,000/- be paid to the heirs of Fakhar Jung
and distributed amongst the heirs as mentioned in
statement attached to the compromise petition No. 3
dated 23.4.1951 A.D.
(c) that the eight sons of Fakhar Jung, (1) Nawab
Aijaz Hussain Khan D.6 (2) Nawab Mumtaz Hussain
Khan D.7, (3) Liakat Hussain Khan D.9 (4) Laik
Hussain Khan D.10, (5) Jahangir Khan D.14, (6) Mir
Muzafar Hussain Khan D.16, (7) Mir Musharaff
Hussain Khan D.21, and (8) Amir Hussain Khan D. 24,
are each entitled to a share of 7/540th in the Matruka
of the late Nawab Fakhrul Mulk whether included in
the suit or proved to be part of the Matruka;
(d) that the ten daughters are each entitled to
7/1080 share in the said Matruka.
1. JehandarunnisaBegum (Defendant No.8)
2. Tahwarunnisa Begum (Defendant No.11)
3. Kifayathunnisa Begum (Defendant No.12)
4. Dilawarunnisa Begum (Defendant No.13)
5. Zahurunnisa Begum (Defendant No.15)
6. Shamsunnisa Begum (Defendant No.17)
7. Vazirunnisa Begum (Defendant No.18)
8. Nadirunnisa Begum (Defendant No.19)
9. Dawarunnisa Begum (Defendant No.20) and
10. Chandni Begum (Defendant No.22)
are each entitled to 7/1080th share in the said
Matruka. Besides the eleventh deceased daughter
Badarunnisa Begum's share of 7/1080 will devolve on
her mother Meherunissa Begum, defendant No. 25 and
she is hereby declared entitled to get the share as per
compromise petition 1, 2 and 3.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
(e) that 1/8th share of Goharunnisa Begum in her
husband late Fakhar Jung's Matruka, including his
share in the Matruka of his sister late Tilat Qamar Ara
Begum will devolve on her two sons defendant No.6
and 7, her daughter defendant No.8 but inasmuch as
Shazada Qannum defendant No.26 claims 1/2 in the
share, only 1/16th share should be paid to the heirs of
Goharunnisa Begum and the rest i.e., 1/16th share
should be reserved pending decision of the validity of
the marriage of defendant No.26, to which she will be
entitled in the event of her claim being decreed;
otherwise defendant Nos. 6,7 and 8 will be entitled to
the same.
(f) that defendant No. 23, as the husband of Tilat
Qamar Ara Begum, daughter of late Nawab Fakhrul
Mulk, is entitled to receive only Rs.58,500/- from Erram
Manzil amount in full satisfaction of his deceased wife
claim to the Matruka of late Nawab Fakhrul Mulk,
whether or not included in the suit and the other half of
viz., Rs.58,500/- will be divided amongst the other
heirs of Tilat Qamar Ara Begum as per Shia Muslim
Law as follows:-
"1/13th share, namely, Rs.4,500/- for each
of the two plaintiffs and defendant No. 5, 2/13th
share, namely, Rs.9,000/- for each of defendant
No. 1 to 4 and 2/13th share, namely, Rs.9,000/-
collectively for the heirs of late Fakhar Jung".
(g) that four sons of Fakhrul Mulk, defendant No.1 to 4
and all the heirs of Fakhar Jung together are entitled to
1/5th share each in the Matruka of late Nawab Fakhrul
Mulk, as cash payment of Rs.1,17,000/- each is being
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
made in full satisfaction of their claim to the living three
daughters and to the heirs of the deceased daughter as
per compromise petition sanctioned by the Court dated
28.4.1951 from Erram Manzil;
(h) that defendant No. 1, 2, 4 and 5 do respectively pay
out of their share of the price of Erram Manzil the
amount mentioned in the statement 'A' and 'B'
annexed to the compromise petition No. 3 to the heirs of
Fakhar Jung as mentioned in statement 'C' attached to
the said compromise petition.
(i) that the Receiver appointed by the Court shall
submit a report after making up accounts of Matruka
from 1934, the date of appointment of MoteMad of the
estate, upto date, showing if any mutual adjustment is
necessary as between five sons of late Nawab Fakhrul
Mulk and as between heirs of Fakhar Jung, due to
arithmetical and clerical mistakes and omissions, if
any, provided matters specifically dealt with by the
three compromise petitions are not reopened.
(j) that the said Receiver should submit a report
showing if the defendants 1 to 4 and the heirs of
Fakhar Jung have been properly paid their share of the
items mentioned in para (17) of Clause 'B' of the
written statement of defendant No. 1 to 4 and to
suggest accounting or adjustment if necessary provided
this report shall not entitle any party to stay
distribution of Erram Manzil amount;
(k) that the plaintiffs, defendant No. 5 and defendant
No. 1 to 4 and defendant No.23 are not interested in
the alleged claim of Shazada Qannum defendant No.26
as the married wife of late Nawab Fakhar Jung and
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
she is directed to establish her claim against the heirs
of Fakhar Jung;
(l) that the terms of these compromise petitions shall not
affect the rights of mutual adjustment at the time of
distribution of Erram Manzil amount relating to the
personal amount of Ghazi Jung and heirs of Fakhar
Jung as per the order of the High Court dated
11.4.1951 in execution proceedings file No. _of 1951 F
and the consequent distribution of the amounts
sanctioned by the said order amongst the heirs of
Fakhar Jung;
(m) that whatever amounts have been received by the
parties from the Darul Qaza Court or the High Court
shall be deducted from the respective shares of parties
in Erram Manzil amount subject to para (1) supra;
(n) that the Receiver shall execute and register sale
deed of Erram Manzil in favour of the P.W. Department
of Hyderabad Government for the amount of
consideration of Rs.14,09,160/-.
The parties shall not be entitled to re-open matters
specifically dealt with by the compromise petitions."
7. The compliance of preliminary decree is as follows:
"Compliance of Clause (a) of Preliminary decree:-
(a) that an amount of Rs.1,17,000/- be paid to each of
the two plaintiffs and defendant No. 5, namely,
daughters of late Nawab Fakhrul Mulk, in full
satisfaction of their rights in, and claim to the Matruka
of late Nawab Fakhrul Mulk, whether or not included in
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
the suit from the Erram Manzil amount subject to the
deductions provided for hereinafter;
The report of the Receiver Mr. Mir Muzaffar
Hussain (defendant No.16) dt.23.03.1967 reveals that
both the plaintiffs and defendant No.5 were already
paid their full share according to the compromise
petition No.1. Hence, they have no further claim.
Clause (b) of Preliminary decree:-
(b) that out of the said Rs.1,17,000/-
payable to each of the said three daughters, Rs.
1,000/- each i.e., in all Rs.3,000/- be paid to the
heirs of Fakhar Jung and distributed amongst the
heirs as mentioned in statement attached to the
compromise petition No. 3 dated 23.4.1951 A.D.
The report of the Receiver dt.23.03.1967 also
reveals that as per the compromise petition No.3
dt.23.04.1951, the amounts were already
paid/adjusted as desired.
Clause (c) of Preliminary decree:-
(c) that the eight sons of Fakhar Jung, (1)
Nawab Aijaz Hussain Khan D.6 (2) Nawab
Mumtaz Hussain Khan D.7, (3) Liakat Hussain
Khan D.9 (4) Laik Hussain Khan D.10, (5)
Jahangir Khan D.14, (6) Mir Muzafar Hussain
Khan D.16, (7) Mir Musharaff Hussain Khan D.21,
and (8) Amir Hussain Khan D. 24, are each
entitled to a share of 7/540th in the Matruka of
the late Nawab Fakhrul Mulk whether included in
the suit or proved to be part of the Matruka;
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
As per this Clause the eight sons of Nawab
Fakhar Jung are entitled each to a share of
07/540th in the Matruka of late Nawab Fakhrul
Mulk, whether included in the statement or proved
to be part of Matruka.
Clause (d) of Preliminary decree:-
(d) that the ten daughters are each entitled
to 7/1080 share in the said Matruka.
1. JehandarunnisaBegum (Defendant No.8)
2. Tahwarunnisa Begum (Defendant No.11)
3. Kifayathunnisa Begum (Defendant No.12)
4. Dilawarunnisa Begum (Defendant No.13)
5. Zahurunnisa Begum (Defendant No.15)
6. Shamsunnisa Begum (Defendant No.17)
7. Vazirunnisa Begum (Defendant No.18)
8. Nadirunnisa Begum (Defendant No.19)
9. Dawarunnisa Begum (Defendant No.20)
and
10. Chandni Begum (Defendant No.22)
are each entitled to 7/1080th share in the said
Matruka. Besides the eleventh deceased daughter
Badarunnisa Begum's share of 7/1080 will
devolve on her mother Meherunissa Begum,
defendant No. 25 and she is hereby declared
entitled to get the share as per compromise
petition 1, 2 and 3.
The (10) daughters of late Nawab Fakhrul
Mulk are each entitled to the 07/1080th share.
The share of the deceased 11th daughter
devolved to her mother Meherunissa Begum
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
(Defendant No.25), who got the share as per
Compromise Petition 1,2 and 3.
Clause (e) and (k) of Preliminary decree:-
(e) that 1/8th share of Goharunnisa Begum in
her husband late Fakhar Jung's Matruka,
including his share in the Matruka of his sister
late Tilat Qamar Ara Begum will devolve on her
two sons defendant No.6 and 7 and her daughter
defendant No.8 but inasmuch as Shazada
Qannum defendant No.26 claims 1/2 in the
share, only 1/16th share should be paid to the
heirs of Goharunnisa Begum and the rest i.e.,
1/16th share should be reserved pending decision
of the validity of the marriage of defendant No.26,
to which she will be entitled in the event of her
claim being decreed; otherwise defendant Nos.
6,7 and 8 will be entitled to the same.
(k) that the plaintiffs, defendant No. 5 and
defendant No. 1 to 4 and defendant No.23 are not
interested in the alleged claim of Shazada
Qannum defendant No.26 as the married wife of
late Nawab Fakhar Jung and she is directed to
establish her claim against the heirs of Fakhar
Jung;
In respect of the Clauses (e) the 1/8th share
of Gohannuissa Begum in her husband late
Fakhar Jung's Matruka including his share in the
Matruka of his sister late Tilat Qamar Ara Begum
will devolve on her two sons defendant No. 6 and
7 and her daughter - defendant No.8. Since the
marriage of defendant No.26 was found to be
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
invalid vide O.S.No. 19/1 of 1951 dt.30.08.1951,
the 1/8th share of Goharnussia Begum shall
devolve upon defendant No. 6,7,8.
Clause (f) of Preliminary decree:-
(f) that defendant No. 23, as the husband of
Tilat Qamar Ara Begum, daughter of late Nawab
Fakhrul Mulk, is entitled to receive only
Rs.58,500/- from Erram Manzil amount in full
satisfaction of his deceased wife claim to the
Matruka of late Nawab Fakhrul Mulk, whether or
not included in the suit and the other half of viz.,
Rs.58,500/- will be divided amongst the other
heirs of Tilat Qamar Ara Begum as per Shia
Muslim Law as follows:-
"1/13th share, namely, Rs. 4,500/- for each
of the two plaintiffs and defendant No. 5, 2/13th
share, namely, Rs.9,000/- for each of defendant
Nos.1 to 4 and 2/13th share, namely, Rs.9,000/-
collectively for the heirs of late Fakhar Jung".
The record reveals that this Clause was
complied with.
Clause (g) of Preliminary decree:-
(g) that four sons of Fakhrul Mulk, defendant
Nos.1 to 4 and all the heirs of Fakhar Jung
together are entitled to 1/5th share each in the
Matruka of late Nawab Fakhrul Mulk, as cash
payment of Rs.1,17,000/- each is being made in
full satisfaction of their claim to the living three
daughters and to the heirs of the deceased
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
daughter as per compromise petition sanctioned
by the Court dated 28.4.1951 from Erram Manzil;
As per this Clause, on payment of
Rs.1,17,000/- to each of the three living
daughters and the heir of deceased daughter, by
defendant No.1 to 4 and heirs of Nawab Fakhar
Jung, defendant No.1 to 4 each 1/5th share and
defendants 6 to 22, 24 and 25 are entitled to
1/5th share in the Matruka of late Nawab
Fakhrul Mulk. As per record the said amount was
paid.
Clause (h) of Preliminary decree:-
(h) that defendant No. 1, 2, 4 and 5 do
respectively pay out of their share of the price of
Erram Manzil the amount mentioned in the
statement 'A' and 'B' annexed to the compromise
petition No. 3 to the heirs of Fakhar Jung as
mentioned in statement 'C' attached to the said
compromise petition.
As per record the payment was made.
Clause (i) and (j) of Preliminary decree:-
(i) that the Receiver appointed by the Court
shall submit a report after making up accounts of
Matruka from 1934, the date of appointment of
MoteMad of the estate, upto date, showing if any
mutual adjustment is necessary as between five
sons of late Nawab Fakhrul Mulk and as between
heirs of Fakhar Jung, due to arithmetical and
clerical mistakes and omissions, if any, provided
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
matters specifically dealt with by the three
compromise petitions are not reopened.
(j) that the said Receiver should submit a
report showing if the defendants 1 to 4 and the
heirs of Fakhar Jung have been properly paid
their share of the items mentioned in para (17) of
Clause 'B' of the written statement of defendant
No. 1 to 4 and to suggest accounting or
adjustment if necessary provided this report shall
not entitle any to party to stay distribution of
Erram Manzil amount;"
The Hon'ble High Court in its Order in C.S.
No.9/1 of 1951 dt.16.04.1953 had held that the
Hon'ble Court carefully studied the report of Ex-
Receiver Cap.Surya Pratap and found no
arithmetical mistakes in it; that the amounts that
have been given to the four sons on one hand and
to the heirs of Nawab Fakhar Jung on the other
hand audited by him were without any fault and
as such there was no need for fresh auditing.
This Clause was complied with.
Clause (I) of Preliminary decree:-
(I) that the terms of these compromise
petitions shall not affect the rights of mutual
adjustment at the time of distribution of Erram
Manzil amount relating to the personal amount of
Ghazi Jung and heirs of Fakhar Jung as per the
order of the High Court dated 11.4.1951 in
execution proceedings file No._ of 1951 F and the
consequent distribution of the amounts sanctioned
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
by the said order amongst the heirs of Fakhar
Jung;
This Clause is in respect of mutual
adjustment at the time of distribution of Erram
Manzil amount.
Clause (i) and (j) of Preliminary decree:-
(m) that whatever amounts have been
received by the parties from the Darul Qaza Court
or the High Court shall be deducted from the
respective shares of parties in Erram Manzil
amount subject to para (1) supra;
(n) that the Receiver shall execute and
register sale deed of Erram Manzil in favour of the
P.w. Department of Hyderabad Government for
the amount of consideration of Rs.14,09,160/-.
The record reveals that these Clauses were
complied with.
8. The following five branches who are the legal heirs of
Nawab Fakhr-ul-Mulk are entitled for Matruka:
"FIVE BRANCHES WHO ARE THE LEGAL HEIRS OF
NAWAB FAKHRUL MULK ENTITLED FOR MATRUKA
First Branch NAWAB GHAZI JUNG BAHADUR 20% Share
Second Branch NAWAB FAKHAR JUNG BAHADUR 20 % Share
(legal representatives)
Third Branch NAWAB RAISYAR JUNG BAHADUR 20 % Share
Fourth Branch NAWAB RAIS JUNG BAHADUR 20 % Share
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Fifth Branch NAWAB SHAH NAWAZ JUNG 20 % Share
BAHADUR
Total 100 % Share"
9. As per the records of the Registry, the brief details of the
properties as per schedule are as under:
"ITEMS 1 & 2
Area AC- Cents
1. Errummanzil Property 22-00
Errummanzil Land 75-07
Surrounding Erranmanzil. --------------
97 -07
---------------
ITEM 3
Erru Numa at Yarragadda Ac- 59-00
Building 3,42,000/-
Land 30,000/-
------------------
3, 72,000/-
-------------------
REMARKS OR DISPENSATION OF LAND
ACQUIRED UNDER FARMAN in 1362
For TB Hospital Established in 1945 at
Rs.3,68,000/- which was adjusted towards
Govt., dues. No record is available as to the
remaining land after allotment to TB Hospital.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
ITEM 4
Bolarum Ac.14-00 3 Buildings excluding AC.9-00
was auctioned in 1953 lands there under for
Rs.50,000/- and distributed among share
holders.
Land and Buildings
Building 81,000/-
Land 28,000/-
109,000/-
(Sy. Nos. not available and total area not Known)
Item 5
Devdi at Balda Land Costs 66,000/-
Building 52,000/-
---------------
118,000/-
----------------
3 Portions part were auctioned for Rupees
62,000/- in 1954 and distributed among Share
Holders
Item 6 : Mir Alam Mandi
Mulgies & Small Rooms -21 Adjacent Land
Acquired by City Improvement Board and the
income derived there from distributed to Share
Holders in 1955.
(Remaining open area could not be fixed
exactly for want of Record as per the plan
submitted by the Surveyor and the High Court
Records)
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
ITEM 7 : Land at Bahookhanguda
Cost of Land Rs. 2000/-, No details of
Survey Nos. & extent of land by the Receiver from
the Revenue Records) could be ascertained.
ITEM 8
Land at Yousufguda
Cost of Land Rs. 2000/-
ITEM 9
Moosapet
Cost of land 4,000/-
(The Extent of land Acquired not Known for want
of Records)"
10. The above said preliminary decree was passed basing on
three compromise petitions dated 23.04.1951, between the
parties inter-se. The record reveals that the three compromise
petitions were fully implemented except distribution of the
remaining Matruka amongst defendant No.1, legal
representatives of Nawab Fakhar Jung, who are defendant
Nos.6 to 12, defendant Nos.24 and 25 and defendant Nos.3 and
4. Defendant No.23 was already paid his full share as per the
compromise petition No.2. According to compromise petition
No.3, defendant Nos.1 to 4, defendant Nos.6 to 22 and
defendant No.24 and 25 were to get their shares in the
remaining Matruka.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
11. In this case, as many as nine (9) Receivers-cum-
Commissioners were appointed including defendant No.16.
III. RECEIVERS IN THE SUIT
1. Sri Surya Pratap by order dated 14.4.1951
(Property under Court of Wards, on the Application
to appoint Receiver.
2. Sri V.Ramanujachari, Assistant Registrar was
directed to oversee the Accounts by order dated
16.1.1957.
3. In Application No.99 of 1965, Sri Muzaffar
Hussain appointed as Receiver on
30.7.65(discharged and directed to hand over the
Records to Joint Receivers Sri Venkatramaiah and
V.Surender Rao in Application No.31/1975)
4. Sri .Venkataramaiah and V.Surender Rao
appointed as Joint Receivers by order dated
23.4.1975.
5. Sri Minazul Hussain appointed in place of
V.Surender Rao by order dated. 5.9.1981.
6. Sri Venkatramaih was relieved and Minazul
Hussain retained as Sole Receiver by order dated
16.3.1984.
7. Sri Minazul Hussain died in November, 1999.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
8. Sri Serla Pandari was appointed on 21.3.2000 in
Application No.209 of 2000 and acted as Receiver
in the Suit till his death i.e., 04.02.2021.
9. Mohammed Nizamuddin, Retd. District Judge,
was appointed as Receiver-cum-Commissioner by
order dated 29.11.2022 in Appl.No.3/2022 in CS
9/1 of 1951.
12. The directions passed by this court in the said order are
extracted hereunder:
"Heard Mr.Zakir Ali Danish, learned counsel for
the petitioner.
2. This application has been filed for
appointment of receiver-cum-commissioner in
C.S.No.9/1 of 1951, the preliminary decree of
which was drawn up on 25.04.1951.
3. It may be mentioned that earlier Sri Serla
Pandari, an advocate of this Court was appointed
as receiver-cum commissioner. He died on
04.02.2021. Since then, there is no receiver-cum-
commissioner to look after and safeguard the
interest of the estate of Late Nawab Fakhrul Mulk,
which is the subject matter of C.S.No.9/1 of 1951.
4. After hearing learned counsel for the parties
and after taking necessary inputs from the
Registry, we have decided to a point Mr.
Mohammed Nizamuddin, a retired judicial Officer
- of the rank of District Judge as the receiver-cum-
commissioner of the estate of late Nawab Fakhrul
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Mulk, which is the subject matter of C.S.No.9/1 of
1951.
5. Office to communicate a copy of this order to
Mr. Mohammed Nizamuddin, who shall, on the
basis of the relevant record, submit a report based
on the preliminary decree and the amount
available in the suit account. In his report he shall
deal with the extent of the subject property and
how it has devolved upon the parties to the suit
including the legal heirs.
6. While submitting the report, the receiver-
cum-commissioner shall scrutinize each of the
claims pending before him as well as made before
the previous receiver-cum-commissioner which
shall be reflected in his report.
7. Fees of the receiver-cum-commissioner shall
be worked out on the next date.
8. Registry to furnish all material papers to the
receiver-cum-commissioner.
9. Let Mr. Mohammed Nizamuddin, receiver-
cum-commissioner submit his report on
02.02.2023.
10. Application is accordingly disposed of.
However, there shall be no order as to costs."
13. Thereafter, the final report of the Receiver-cum-
Commissioner dated 16.03.2023 was submitted before this
Court and in the said report the Receiver-cum-Commissioner
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
submitted that notices to the parties and their counsel were
served through whatsapp and email and almost all the parties
in India and abroad were reached through these modes. It is
further submitted that in the notices the information available
with them was sought for with respect to the properties involved
in this case. Some of the parties and counsel have provided
certain information. However, majority of the parties have
enquired about their coming on record as legal representatives.
14. This Court vide orders dated 22.01.2024 directed that
"Let a notice be issued to the Bar Association that C.S. No.9 of
1951 shall be heard finally on 19.02.2024; Let objections, if any,
to the Commissioner's report be filed on or before 16.02.2024;
List for final hearing on 19.02.2024." Thereafter, only five
groups of defendants have filed their respective objections to the
said report.
IV. REPORT OF RECEIVER-CUM-COMMISSIONER
DATED 16.03.2023 main part is extracted hereunder:
REPORT
"Pursuant to the order appointing me as
the Receiver-cum-Commissioner in C.S.No.9/1 of
1951 by a Division Bench of the Hon'ble High
Court, I obtained the relevant material from the
Hon'ble High Court. The Advocates representing
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
some parties and the parties have also provided
information to me in this regard.
2. One Nawab Fakhrul Mulk Bahadur died on
19.09.1934 leaving behind (5) sons and (4)
daughters. The property (copy of list of immovable
property is in Annexure - I, page - 25) involved in
this case is the Matruka (the property (both
movable as well as immovable) left by a deceased
Muslim) (detailed history is in Annexure-I, pages:
7-11).
3. Basing on three compromise petitions a
preliminary decree was passed by the Hon'ble
High Court on 25.04.1951 for partition of the
properties (a copy of preliminary decree with A,B
and C statements are in Annexure-I, pages:12-
18).
4. In the Clauses of preliminary decree
dt.25.04.1951, the entitlement of shares by each
party and mode of the partition etc., were
mentioned. There are (5) branches who are the
legal heirs of Nawab Fakhrul Mulk who are
entitled for 20% share each (list is at Annexure-I,
page -19). The (4) daughters of Nawab Fakhrul
Mulk are both the plaintiffs, defendant No.5 and
also the wife of defendant No.23. The daughters
are excluded from taking any share in the (9)
immovable properties after payment of amounts
as mentioned in the preliminary decree. The said
(9) properties were devolved on the four sons of
Nawab Fakhrul Mulk and the heirs of Nawab
Fakhar Jung (deceased son).
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Devolving the subject properties on the
parties including the legal heirs
There are nine properties. There are (a) to
(n) Clauses in the preliminary decree
dt.25.04.1951.
1. Erram Manzil with adjacent land measuring
Ac.22.00 relating to the land Erram Manzil and
2. Remaining land adjacent to Erram Manzil, meant
for sale, measuring Ac.75.27 guntas.
The property in item No. 1 and 2 devolved on
the share-holders, broadly in the following
manner:-
A. Sale of Erram Manzil Palace together with open
land, (statementsare in Annexure-I, pages: 26-29),
to the Government for Rs.14,09,160.00. The sale
proceeds were distributed among share-holders.
B. Acquisition of land at Erram Manzil by the
Government in 1956 for construction of Andhra
Junior Staff Quarters. The amount realised was
distributed among share-holders.
C. Handing over the possession of (5) hilly area plots
to the share-holders.
D. Handing over the possession of (5) flat area plots
to the share-holders or the General Power of
Attorneys.
E. Sale of dilapidated building bearing No. 6-3-252
by public auction on 19.01.2005 for
Rs.10,57,46,400/- and distribution of sale
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
proceeds among the share-holders. The registered
sale deed was executed by the Receiver-cum-
Commissioner in favour of the purchasers on
30.04.2007 (detailed report is in Annexure-I,
pages: 30-53).
5. As per the record, the possession of the (5)
plots was finally handed over to the share-holders
on 26.05.1973 by Mr.Mohd. Ibrahim, Engineer-
Commissioner, after evicting the encroachers of
the land. The record reveals that practically there
is no land for distribution in property item No.1
and 2 after the above said disposal of property.
Meher Manzil
6. It appears that there is civil litigation pending
in respect of Meher Manzil bearing House No. 6-3-
566 (photo is in Annexure -II, page-68)
admeasuring 3356.60 sq yards in Sy.No.106 and
107. A suit in respect of the said building was
decreed in O.S.No.1271 of 1994. At present CCCA
No.229 of 2004 and CCCA No.234 of 2004 are
pending before the Hon'ble High Court.
Application (SR) No.1251 of 2017 and 70916 of
2019 in Application No.4517 of 2013 and
Application No. 626 of 2013 in / and Application
No. 952 of 2011 in C.S.No. 9/1 of 1951 were
dismissed on 28.11.2022. (copies are in
Annexure-II, pages: 57 - 64). That apart the order
in Crl. Misc. Petition No. 2007 of 1998
DT.09.07.1998 goes to show that the unmarked
keys of the said building (PI No.477/88) were
ordered to be handed over to the petitioner therein
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
(A.P. Christian Medical Educational Society
merged with PI SGA).
Property item No. 3 and 8 Sy.No.49
7. As per the order in Application No. 502 of 1989
dt.06.10.89, Final Decree was passed except
Maqbara. The land surrounding Maqbara was
handed over to the share-holders or their General
Power of Attorneys, after conducting panchanama
by the Receiver-cum-Commissioner. The parties
were directed to look after their affairs in respect
of this property in future.
(new)
8. The report dt.23.03.67 of the Receiver, Mr.Mir
Muzaffar Hussain (defendant No.16) in
Application No. 24 of 1967 goes to show that the
Palace Irram Numa was acquired by the Nizam's
Government for O.S. Rs.3,68,000/- in 1352 Fasli
and the sale proceeds were distributed among
share-holders, after necessary deductions.
9. In application No. 174 of 1979 and in
W.P.No.21599 of 2021 the Hon'ble High Court
had held that these properties are of Government
and not Matruka of late Nawab Fakhurl Mulk
Bahadur (detailed particulars are in Annexure-
I,pages: 30- 53).
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Property item No.4
10. The three buildings of Matruka were
auctioned on 11.01.1953 and sale proceeds were
distributed among the share-holders in 1953. The
purchasers were lessees only in respect of land
as per the report filed by the Receiver (defendant
No.16).
11. The Order of the Hon'ble High Court in
Application No. 24 of 1967 dt.27.11.67 shows
that Devdi was divided into three parts and was
sold separately in 1954 itself and the sale
proceeds were distributed among share-holders.
Property item No.6
12. The Order of the Hon'ble High Court in
Application No. 24 of 1967 dt.27.11.1967 and the
report dt.23.03.67 of the Receiver (defendant
No.16) go to show that the City Improvement
Board (C.I.B) had acquired mulgies, small rooms
numbering (21) and the adjacent land and the
compensation was distributed among share-
holders in 1955. Full particulars of other
properties are not available.
13. The existence of this property could not
be ascertained. No full particulars are given even
by the share-holders in this case.
14. The Government had acquired the land in
Sy.No. 237/1 and 2 and the compensation was
claimed by the share-holders.
********
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
15. No claim is preferred before the present
Receiver-cum-Commissioner and also no claim
was pending before the earlier Receiver-cum-
Commissioner Mr.S. Pandari, as per records. Only
oral representations were made in respect of
coming on record as legal representatives."
15. Sri Mir Wajid Ali Kamil had filed the following available
information concerning the properties mentioned in the
Schedule-A attached to the Preliminary Decree, numbered as
1 to 9.
16. As regards Item Nos.1 and 2 of the Preliminary Decree,
the said properties comprises (a) Erram Manzil Building with
appurtenant land and also (b) the remaining land adjacent to
Erram Manzil. It is submitted that as per the Schedule 'A' total
land comprises to Acs.22.00 + Acs.75.27 gts., = Acs.97.27 gts.
17. Earlier a physical survey of the land of these properties
was conducted by Mr.G.D.Vaidya as evidenced in Application
No.325 of 1957 and the Survey Report shows that the total area
of land of these properties is Acs.107.16 gts., 107 sq.yds.
It is further submitted that some of the lands have been sold at
different points of time and some extents have been allocated to
the five sons of Nawab Fakrul Mulk. The details of which are
shown in the reports of the Receiver-cum-Commissioner,
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
in Application No.24 of 1965 and in Application No.40 of 1969
and also plan filed by the Receiver-cum-Commissioner dated
03.07.2000.The details of the extent of lands sold to or acquired
by the Government and lands allocated to the five sons, who are
co-owners are shown in a tabular form. It is submitted that the
total extent of land of Items Nos.1 and 2 of the Schedule 'A'
properties as seen from the Report of the Survey of
Mr.G.D.Vaidya is Acs.107.16 gts., 107 sq.yds. As seen from the
tables, an extent of Acs.98.00 gts., of land is accounted for.
Thus, balance extent of Acs.9.16 gts., 107 sq.yds., of land has
to be investigated into and recovered for the Estate.
Item Nos.3 & 8:
18. It is submitted that Item No.3 of Schedule-A properties
are covered under old Survey No.29 admeasuring Acs.95.32
gts., and the schedule is described as Bungalow Erram Numa,
Yerragadda, after deducting the land of Maqbara, measuring
Acs.59.00 gts.
19. Item No.8 of Schedule-A is described as land situated at
Yousufguda.
20. Both Item Nos.3 & 8 of A-Schedule properties are in old
survey No.29 of Yousufguda village.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
21. Earlier the Receiver-cum-Commissioner has filed a report
dated 12.03.2018 and as seen from the said report it could be
seen that the corresponding to new number of old Sy.No.29 are
Sy.Nos.49, 50, 51, 52, 53, 54, 55, 56 and 57 totally
admeasuring Acs.95.32 gts. It is submitted that the report
shows that out of the extent of Acs.95.32 guntas of land an
extent of Acs.19.06 guntas of land covered by survey Nos.55, 56
with Errum Numa Palace enclosed by a compound wall is
presently being used as Chest and T.B. Hospital. It is further
submitted that the Government of Hyderabad had initiated land
acquisition proceedings in respect of lands at Yousufguda under
Government Gazette No.21, Volume No.79 Hyderabad Deccan
dated 8th Ardebehisht 1357 Fasli corresponding to 26 Rabi Uss
Sani 1367 Hijri for acquisition of lands listed at Serial No.34,
admeasuring Acs.65.00 gts., in old Sy.No.29, Yousufguda (shich
belonged to Nawab Fakrul Mulk). Later on after a lapse of time
the Government of Hyderabad reversed its plan and issued a
Gazette Part 1-D No.356 dated 8th November, 1950 under
Section 39 of the Land Acquisition Act notifying that the said
land at Yousufguda, Hyderabad are not required and the
declaration referred in respect of these lands should be taken as
withdrawn. The Receiver further points out that land of Old
Sy.No.29 and new Sy.Nos.50, 51, 52, 53, 54 and 57,
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
admeasuring Acs.72.16 gts., is the property of the Estate with
clear marketable title, vacant at the site, free from all
encumbrances public or private and is in the possession of the
Receiver-cum-Commissioner and thereby appropriate steps may
be taken for sale of the said extent of land and distribution of
the sale proceeds among the co-sharers of the Estate. It is
further submitted that orders were passed in the year 1975 in
Application No.14 of 1974 and in final decree proceedigns under
Application No.502 of 1989. Survey No.49 with a total extent of
Acs.4.10 gts., has been classified as Matruka property excluding
the Maqbara Tomb and the land within its boundary wall, one
well outside the boundary wall, 8 mulgies and 3 existing pucca
houses which were allocated for generating income for
maintenance of the Maqbara (as per annexure to panchanama
dated 30.03.1988) conducted by Receiver-cum-Commissioner in
C.S. No.9/1 of 1951 as per the orders of the Division Bench of
the High Court in O.S.A. No.2 of 1987 of Yousufguda village,
Hyderabad to legal heirs of late Nawab Fakhrul Mulk.
Item No.4:
22. Item No.4 - Bunglow at Bollarum along with the land
measuring Acs.14.00. The said Bollarum Bunglow was known
as the "Fakrul Mulk Bollarum Palace". The said property was
designated under three Sections as detailed herein below.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
1. The palace building and its appurtenant land measuring
Acs.9.36 gts., was enclosed by a boundary wall.
2. There was open land measuring about 3500 sq.yds.,
outside the boundary wall with two small buildings
thereon.
3. Open land measuring almost Acs.27.00.
23. The aforesaid property in its entirety comprising the three
segments was put to public auction in January, 1953 by orders
of the High Court of Hyderabad. A reputed auctioner of
Hyderabad M/s. J. Moosa was appointed as the auctioner to
conduct such auction. The First Segment comprising the Palace
and its appurtenant land was sold to six sons of Nawab Fakrul
Jung by names Mir Muzzafar Hussain Khan, Mir Jahangir
Hussain Khan, Mir Aijaz Hussain, Mir Mumtaz Hussain Khan,
Mir Liaq Hussain Khan and Mir Musharaff HussainKhan for a
total slae consideration of Rs.38,000/- in the year 1953. The
Second Segment was sold to V.D.Rajaratnam Mudaliar for tal
sale consideration of Rs.12,000/- The Third Segment remained
unsold. It is submitted that the property comprising the Third
Segment of the Bollarum property be sold in accordance with
the established procedure of sale as laid by the Court and the
sale proceeds may be distributed among all the shareholders at
the earliest.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Item No.5:
24. Item No.5 is Devdi at Balda (Palace) was divided into three
portions that were put to auction separately. From the sale
proceeds derived after payment of taxes and other liabilities the
remaining amount was distributed among the Co-sharers of the
Estate. Thus, nothing further is to be done regarding this
property.
Item No.6:
Mulgies and the land adjacent to the Devdi at Balda:
25. This property comprises mulgies and small rooms
numbering (21) and the adjacent land were acquired by the
C.I.B. (City Improvement Board) and the compensation amount
received therefrom was distributed among the Co-sharers of the
Estate in the year 1955. After exclusion of the above mulgies
and rooms, there remains some open land the exact dimensions
of which are not known, need to be ascertained. This extent of
land can be sold and the sale proceeds be distributed among the
Co-sharers of the Estate. It is further submitted that there are
two buildings bearing Municipal Nos.461 and 552, which are in
the occupation of tenants. In addition to this, there are tenants
in respect of small portions of the open lands. These tenants
have erected huts, and are living therein. It is submitted that
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
action may be initiated to terminate their lease and to institute
ejectment proceedings against them in a Court of competent
jurisdiction. It is submitted that all the occupants may be
removed and the properties recovered from them be sold and
the sale proceeds distributed among the Co-sharers.
Item No.7:
26. Item No.7 property is land situated at Behloolkhanguda.
This property comprises land bearing Sy.No.59 and is located
opposite to Maqbara Fakrul Mulk Bahadur and measurers 1½
Acres approximately. It is submitted that there are some illegal
encroachments on some portions of this land. Proceedings may
be initiated to remove the encroachers and finally sell the
property and the sale proceeds may be distributed among all the
shareholders.
Item No.9:
Land situated at Moosapet.
27. This property comprised land in Sy.Nos.237/1 and 237/2,
totally admeasuring Acs.6.21 guntas. This land was acquired
by the Government and the Co-sharers have received
compensation amounts according to their respective shares.
This property has been disposed off in its entirety.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
SUBMISSIONS ON BEHALF OF OBJECTION PETITIONERS/
DEFENDANTS:
Objections from LRs of Defendant No.39 against the
report of the Receiver-cum-Commissioner dated 16.03.2023
and submitted before the Court on 12.04.2023.
28. It is submitted that the LRs of the defendant No.39, who
are filing these objections were ordered to be brought on record
by this Court vide its order dated 19.12.2022 passed in I.A.
No.1 of 2020.
29. It is submitted that the Receiver has dealt with the 9
Items of immovable properties of A-Schedule of the preliminary
decree dated 25.04.1951.
Item No.3 of A-Schedule - Errum Numa Property :
30. It is submitted this property comprises a Bungalow or
Palace known as "Errum Numa", situated at Erragadda with
about 65 Acres of land around it. Old Sy.No.29 was originally
owned by Nawab Fakrul Mulk and the said old survey number
has been converted to new numbers and designated as
Sy.Nos.50, 51, 54, 55, 56 & 57, over which Errum Numa Palace
stands with its surrounding land.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
31. It is further submitted that Nawab Fakrul Mulk died in
the year 1934. From around the early 1940's, the Government
of H.E.H. Nizam VII initiated the idea of starting a T.B. Hospital
in Errum Numa Palace. An Executive Council was formed by
the Nizams Government for assessing the suitability of setting
up a T.B. Hospital in the said building and estimating the price
for the building and other expenses that would be required for
setting up such hospital in consultation with the Medical
Department, the Chief Engineer and Secretary PWD, the
Finance Department and other relevant Government
Departments. It is further submitted that the Executive Council
finally made recommendation dated 26th Safar Ul Muzaffar 1362
Hijri which corresponds to 30th Farwardi (5th month) 1352 Fasli
which corresponds to 4th March, 1943 concerning suitability of
Errum Numa Palace Building for T.B. Hospital. It is submitted
that the entire Errum Numa Palace Building was valued by the
PWD Secretary as Rs.3,16,000/- and the solatium 15% was
suggested, which makes the amount for acquiring the building
as Rs.3,68,000/-. In the Farman it is ordered that the said
amount not be paid to the Estate but the Government loan that
was due be first adjusted. Thus, as from 1943 to 1945 only the
Errum Numa Palace Building was acquired by the Government
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
of H.E.H. the Nizam and was made a T.B. Hospital for treatment
of patients.
Orders passed by the Court on 22.08.1980 in Application
174 of 1979 in C.S. No.9/1 of 1951.
32. It is submitted that a petition was filed by the Panchayat
Raj Employees Co-operative Housing Society in the year 1979
before the High Court, which was numbered as Application
No.174 of 1979 in C.S. No.9/1 of 1951. The petition of the said
Society was to the effect that they sought allocation of about
17½ Acres of land out of Errum Numa property to them for their
Society as some of the heirs of Nawab Fakrul Mulk as co-owners
and co-sharers of the property had entered into an agreement
for sale of the said extent of land to the said society and this
Court passed orders dated 22.08.1980 in the said Application.
Further, the Objection Petitioners have referred to the resolution
and recommendation of the Executive Council made on
29.05.1352 Fasli (corresponding to 26th Safar Ul Muzaffar 1362
Hijri which corresponds to 4th March, 1943) and the said order
of the learned Single Judge that the consideration of
Rs.3,68,000/- was fixed by the Public Works Department and
that amount was ordered to be adjusted towards repayment of
the loan from Nawab Fakrul Mulk. However, despite the said
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
documents being before the Court, the learned Judge arried at a
completely erroneous finding that for the consideration of
Rs.3,68,000/- that the entire property comprising Errum Numa
Palace Building and the surrounding land measuring Acres
67.18 guntas has been acquired by the Nizam's Government
and that the Government of A.P. as the successor Government
is the owner and possessor of the said property and that the
matter is before the Division Bench of this Court. The entire
extent of land admeasuring about 65 Acres around Errum
Numa Palace Building is the property of Nawab Fakrul Mulk
Estate and steps should immediately be taken by the Receiver to
protect this property and ensure that the surviving heirs of
Nawab Fakrul Mulk would get their rightful shares in the said
land.
Item No.1 & 2 of A-Schedule - Errum Manzail property:
33. It is submitted that the said property is a Palace Building
with open land in Survey Nos.106 & 107 of Khairatabad,
Hyderabad. Earlier these survey numbers were surveyed by an
Engineer-Commissioner Mr. G.D. Vaidya who found the total
extent of lands as Acres 107.16 guntas and 107 sq.yds. It is
further submitted that the present Receiver-cum-Commissioner
has filed his report before the Court and at page No.32 of his
report gives a table showing the extents of lands sold to PWD,
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
acquired by PWD for Junior Staff Quarters, and portions
allotted to the Share Holders in Hilly and Flat (Plain) land areas
of the Estate. It is further submitted that earlier report filed
under an affidavit dated 11.02.1969 in Application No.40 of
1969 by the then Receiver-cum-Commissioner, Mr. Mir
Muzaffar Hussain. The total land was shown under Errum
Manzil in Survey Nos.106 and 107 as Acres 98, and has divided
the land under two categories designated as A & B. Under
Category A, he has shown extents of land sold to PWD along
with Errum Manzil Palace, as also land acquired for Junior Staff
Quarters, and also land allotted to the share holders in the Hilly
and Flat (Plan) portions of the Estate. Under Category B he lists
the extents of excess land under occupation of PWD, excess
land remaining in Hilly portion after allocation to share holders
and land still available for distribution among the share holders.
He seeks directions from the Court to the Chief Engineer PWD
for sorting out the issue of extra land under their occupation.
He states that if this issue is properly settled the Estate will
benefit substantially. It is further submitted that in the said
report, it shows that after the survey he finds the entire area as
Acres 96.36 guntas and 15 sq.yds. He shows the excess land
under three categories A, B & C. Under category of A he shows
the excess area under occupation of PWD as Acs.3.07 guntas
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
and 54 sq.yds. Under category B, he shows the area occupied
by M/s. Hashmat Ali and Murthy as Ac.1.39 guntas 29 sq.yds.
Under Category C he shows the Flat (Plain) portion of land
available for distribution as Ac.4.24 guntas 112 sq.yds. It is
further submitted that the present Receiver-cum-Commissioner
ought to have outlined the steps which he would take for
claiming compensation from PWD for this extent of Acs.07
guntas and 54 sq.yds., of land which they have occupied and
also outline the steps which he would take for identifying and
distributing the excess area of land of the share holders which
has been found to be available. The Receiver should also have
outlined steps for recovery of lands illegally occupied by M/s.
Hashmat Ali and Murthy and also some other third party
encroachers. However, the present Receiver-cum-Commissioner
has made a comparative table where he has extracted
information from various reports and orders and after going
through all these exercises had held in his report there is no
land available in Sy.No.106 & 107 for distribution among share
holders. It is further submitted that the PWD office and the
building Erram Manzil which was purchased from the Estate is
intact even today and the total extent of land so purchased is
Acs.36.36 guntas. Further, the land acquired for Junior Staff
Quarters was an extent of Acs.19.37 guntas and 53 sq.yds.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Several structrues that had been built on the land by the Staff
Quarters have been recently demolished and only the open land
is there today. From the records and orders of the Court, it is
clear that there is excess land in occupation of both the PWD
office and the Junior Staff Quarters and seeks directions from
this Court for getting the land under the PWD office and also
the land in occupation of the Junior Staff Quarters to be
surveyed and measured accurately and it could easily be
determined how much excess land is in occupation of both
these parties. Thereafter, Meher Manzil property which is a
house bearing No.6-5-66, admeasuring 3356 sq.yds., in
Sy.Nos.106 & 107, which was Errum Manzil property at
Khairatabad, Hyderabad and it is submitted that the said house
building is in a totally dilapidated state. As per the Government
records, the said property is shown as belonging to the Estate
with the name of Nawab Fakrul Mulk and after his death the
name of his eldest son Nawab Ghazi Jung as owner. In view of
the same, the Commissioner ought to have immediately sought
directions from the Court for commencing steps for sale of this
property. Instead of doing this he mentioned in his report that
a suit O.S. No.1271 of 1994 concerning the said property was
decreed and that two Appels CCA No.229 of 2004 and CCCA
No.234 of 2004 are pending before this Court, which according
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
to the objection petitioner is collusive suit. Further, as per the
records, the property Meher Manzil was not sold by the Estate
at any point of time to any party as such, the Receiver-cum-
Commissioner should have sought suitable directions from the
Court for disposing of this property and distribute the sale
proceeds among the co-owners and co-sharers of the Estate.
Item No.4 of A-Schedule - Bollarum property :
34. It is submitted that the said property was divided into
three portions and was put to auction on 11.01.1953 through
the then Receiver of the Estate and out of that two portions first
two portions were sold and the sale proceeds were derived
therefrom were distributed among all the share holders and the
third portion of the property remained unsold and this property
has to be identified and steps be taken for its sale and distribute
the sale proceeds to all the co-sharers of the Estate.
Item No.5 of A-Schedule - Devidi at Balda :
35. It is submitted that this property was apparently divided
into three portions and auctioned in the year 1953-54. The sale
proceeds derived therefrom were distributed among all the co-
sharers of the Estate.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Item No.6 of A-Schedule Mulgies and the land adjacent to
the Devdi at Balda:
36. It is submitted that most of the mulgies and the land
adjacent to the Devdi have been sold, there are still some
mulgies and some extent of open land which remains unsold.
Steps need to be taken for identification of such mulgies and
open land of the Estate and further steps be taken for sale of
the same and the sale proceeds derived therefrom be distributed
among all the co-sharers of the Estate.
Item No.7 of A-Schedule land at Bahlul Khan Guda :
37. It is submitted that this land bearing Survey No.59 of
Bahlul Khan Guda is part of the Estate of Nawab Fakrul Mulk
and steps are required to be taken to identify the said land and
arrange for its disposal.
Item No.9 of A-Schedule Land at Moosapet :
38. It is submitted that the objection petitioners have not
been able to investigate and get details of the said property.
Objections of Defendant Nos.69 & 85 against the report of
the Receiver-cum-Commissioner submitted on 29.11.2022 :
39. It is submitted that the Defendant Nos.69 & 85 who are
grand children of Defendant No.4 would submit that there are
several erroneous conclusions made by the Receiver which
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
would cause huge losses to the Estate unless corrective steps
are taken immediately. The objection petitioners have not
objected to the extent of lands which have been admittedly sold
and also to the extent of distribution of sale proceeds among all
the heirs and successors and accordingly, there is no
controversy or dispute in that regard. However, there are
certain items of immovable properties of the Estate regarding
which the Receiver has come to erroneous conclusions and gave
findings to the effect that the properties have either been sold
comprehensively or that they have been acquired in totality and
that no property now remains with the Estate for distribution
among the co-sharers and co-owners.
40. As regards the Bungalow (Palace) Errum Numa situated
at Erragadda (Yousufguda), Hyderabad, which is shown as Item
No.3 in the Schedule list A of Immovable properties in the
preliminary decree, it is submitted that the said property
comprised Palace building with surrounding land of 65 to 70
acres and the said land was acquired by the Nizam Government
in or around the year 1943 for setting up a T.B. Hospital and its
value together with solatium amount was fixed at Rs.3,68,000/-
which was paid to the Estate and that the remaining open land
of the Palace of over 65 acres remained with the Estate and that
in the year 1945, the Government of Nizam with a view to
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
provide other medical facilities for the public in that area
decided to acquire further land from the various land holders
and in that connection 65 acres of land of Errum Numa Palace
was sought to be acquired. A G.O. bearing No.21 of 1357 Fasli
was issued for acquisition of this land along with surrounding
lands. However before this land could be acquired the Rule of
Nizam over Hyderabad had come to an end. The Government
that had come to power decided that it does not require such
land for additional medical facilities in that area and issued
Gazette No.356 dated 08.11.1950 notifying that the land earlier
sought to be acquired under Gazette No.21 of 1357 Fasli was
not required now and that the earlier G.O. should be taken as
withdrawn. It is further submitted that the 65 Acres of land
around Errum Numa Palace building thus remained with the
Estate which continues to be the lawful owner thereof. The
Receiver had not made any attempt to bring these facts in his
report and instead concluded that the Government had acquired
the entire extent of land in the year 1943 itself. It is further
submitted that the property known as Erram-Manzil which is
listed as Item Nos.1 and 2 in Schedule List A of Immovable
properties in the preliminary decree. Erram - Manzil Palace had
a total extent of over 107 Acres of land around it. The Estate
had sold the Erram - Manzil Palace together with an extent of
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
36 Acres and 36 guntas of land around it to PWD in or around
the middle of the year 1951 and sale consideration was paid for
the building and the said extent of land. However, PWD has
occupied a sizable extent of land over and above the land
purchased by them, describing it as footpath area in front of
Erram - Manzil. It is further submitted that in the year 1956
land was acquired by PWD for construction of Andhra Junior
Staff Quarters to an extent of 19 Acres 37 guntas 53 sq.yards.
However, they are in occupation of 21 Acres and 4 guntas of
land, the actual extent of land under occupation of Junior Staff
Quarters can be surveyed and the excess land which is under
their occupation could either be re-claimed or they could be
given the option of paying compensation for the same. The
remaining land of Erram - Manzil was distributed among the
share holders but an extent of almost 9 Acres and 16 guntas of
land has not been allocated. This extent of land needs to be
specifically identified and traced out by a proper survey and
steps can be taken for its sale or allocation of the same to the
share holders. Despite the availability of all this data, the
Receiver has again come to the erroneous conclusion that there
is nothing left in the Erram-Manzil property.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
41. It is further submitted that Meher Manzil property located
in survey Nos.106 & 107 of Khairatabad village being part of
Erram-Manzil property. A two storied building was constructed
by the Estate over a plot of an extent of 3356.5 sq.yds., of land.
The said property is vacant though the building is in a highly
dilapidated state at present. In the past some encroachers had
tried to grab this property but at present it is vacant and under
the care and custody of the Receiver. Instead of taking
immediate steps for selling this property and distributing the
sale proceeds among the co-sharers the Receiver is referring to
some fraudulent collusive suits that are purportedly filed by un-
concerned persons and where the Estate is not a party at all.
Objections of Defendant Nos.72 & 82 against the report of
the Receiver-cum-Commissioner submitted on 29.11.2022.
42. Objection petitioners submitted that the property known
as Errum Numa situated at Erragadda or Yousufguda,
Hyderabad, comprises a Palace building together with
appurtenant land of about 70 Acres. The said property was
located in Survey No.29 (old) which was later re-numbered as
Survey Nos.49, 50, 51, 54, 55, 56 & 57 and it is admitted that
the Palace building was acquired by the Nizam Government in
the year 1943 for setting up T.B. Hospital and compensation
amount of Rs.3,68,000/- was paid in this regard and the sale
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
proceeds were distributed among the co-sharers according to
their respective Sharai shares. They would refer the Gazette
No.21 of 1357 Fasli that 65 Acres of land out of Errum Numa
was sought to be acquired for making Hospitals of other
specialties in that area. However, G.O.No.356 of 1950 issued by
the Government that the land sought to be acquired under
G.O.No.21 of 1357 Fasli was no longer required and all such
lands stood de-notified. Thus, 65 Acres of land around Errum
Numa Palace will be the property of the Estate which is neither
being sold nor acquired till date and therefore, the findings of
the Receiver is factually incorrect.
43. As regards the property known as Erram Manzil
comprising Survey Nos.106 and 107 situated at Khairatabad,
Hyderabad, is a Palace building together with 36 Acres and 36
guntas of land was sold to PWD in the year 1951 and has
occupied excess land in this property of an extent of over 1 Acre
21 guntas which is borne out from the report of the Receiver of
the Estate dated 23.03.1967 in Application No.24 of 1967. In
the year 1956 land was acquired by PWD for construction of
Andhra Junior Staff Quarters of an extent of 19 Acres and 37
guntas 53 sq.yards., and that they are in excess possession
than the actual physical possession. In view of the same, a
survey need to be conducted to workout the exact extent of
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
excess land in their occupation and steps can be taken for
either recovery of the land or payment of compensation. It is
further submitted that the remaining open land of the property
was distributed by the then Receiver among the co-sharers of
the Estate. However, as seen by the reports of qualified
Engineer surveyors appointed by the Court an extent of about 9
Acres and 16 guntas of land is not accountable as it has not
been allocated to the co-sharers or to any third party and
therefore, immediate steps need to be taken to identify and
locate this extent of land and arrange for its sale or allocation to
its share holders.
44. As regards the property known as Meher Manzil
comprising a building in a plot of land admeasuring 3356.5
sq.yards being part Erram-Manzil property. This building of
this property is in a very bad state and almost on the verge of
collapse, which is under the care and custody of the Receiver.
Previously attempts were made by land grabbers to illegally
occupy and dispose of the property but apparently they have
failed and the property is in a vacant state and therefore,
immediate steps are required to be taken for sale of this
property. Instead of taking steps in this direction, the Receiver
has found that some cases of an obviously collusive nature filed
by fraudsters pending where the Estate is not a party at all.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
However, because of such cases allegedly pending the Receiver
has come again to the wholly incorrect conclusion that this
property cannot be sold by the Court, though being a property
of the Estate, it is under the care and custody of this Court.
45. As regards the property known as Bollarum property
comprising over 38 Acres of land together with a Palace and
some other buildings located at Bollarum (Secunderabad), it is
submitted that this property was put to auction on 11.01.1953
by dividing it into three portions; one portion comprised the
main Palace with appurtenant land of about 9 Acres, the second
portion comprised a building with an extent of 1 Acre of land,
while the third portion comprised buildings with almost 27
Acres of land. Auction was conducted by M/s. J.Moosa and
son's who were the premier Government and Public Auctioneers
of that period. The first two items of the property fetched the
expected price and were sold while for the third portion the
offers did not come up to the expected price and remain unsold.
The said property has to be identified and if circumstances so
required it should be recovered from the possible occupation of
the same by the Army as the entire property comes within the
Army area. Immediate steps need be taken for sale of this
property through following all due procedures for sale of
property.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
46. As regards property being open land in Survey No.59 of
Bahlul Khan Guda comprising about 1½ Acres, neither been
sold nor allocated to any of the share holders and therefore,
steps need to be taken for sale and distributions of the sale
proceeds to the share holders.
Objections to the Report of the Receiver-cum-Commissioner
dated 16.03.2023 filed by and on behalf of L.R. of Defendant
No.15 Mr. Mohammed Hussain :
47. It is submitted that in respect of Item No.8 relating to the
land in Sy.No.29 (old) New Sy.Nos.50, 51, 54, 55, 56 & 57 of
Yousufguda village, the report is not clear to the extent that the
said lands purchased by HEH The Nizam are not belonging to
Nawab Fakhrul Mulk and as such without verifying the relevant
records and the notification issued dropping the acquisition of
land by the Nizam and also the NOC issued by the Urban Land
Ceiling Authorities, State of Andhra Pradesh declaring the land
as non-ceiling surplus land. The present objector is LR of
Defendant No.15 and the present objection is filed in respect of
the land to an extent of Acs.17.20 guntas in new Sy.Nos.50 &
51 of Yousufguda.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
48. While narrating the reasons with respect to the suit and
preliminary decree passed, it is submitted that several orders
were passed for the last 70 years and as per the order of this
Hon'ble Court in Application No.99 of 1965 dated 30.07.1965,
other Receiver was appointed in the above suit for managing the
suit property. As per the report of the Receiver dated
23.03.1967 submitted to this Court the defendant Nos.1 to 4, 6
to 22, 24 and 25 are yet to get their shares in the schedule
properties as per the Compromise petition No.3 dated
23.04.1951 accepted by this Court on 25.04.1951 and where
preliminary decree was passed to that effect on 25.04.1951. It
is further submitted that during the pendency of the final decree
proceedings and the division of the properties between the
sharers almost all the original parties have passed away and
some of the legal representatives have come on record to pursue
the further proceedings in the suit. It is further submitted that
as the Receiver was appointed at the time of passing of
preliminary decree all the properties are in the deemed
possession of the Receiver and he is the custodia legis of the suit
schedule properties since the date of passing of preliminary
decree.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
49. It is further submitted that the title flow in so far as the
lands situated at Yousufguda, Item No.8 of the suit schedule-A
properties to a total extent of Acs.17.20 guntas in old Sy.No.29,
which is new numbered as Sy.Nos.50 & 51 comprising of
Acs.10.35 cents and Acs.07.32 cents respectively Yousufguda
village in the name of Nawaz Gaji Jung. Where after, the then
Receiver-cum-Commissioners Sri K.Venkataramaiah and Sri
V.Surender Rao, have applied for exemption under Urban Land
(Ceiling and Regulation) Act, 1976 (for short 'ULC Act') on behalf
of the sharers on the directions of the High Court as the
property was under the custody of Court receiver and the
Government vide G.O.Ms.No.61 Revenue (UC.II) Department
dated 11.01.1979 was pleased to grant exemption under the
provisions of the ULC Act to an extent of Acs.17.20 guntas in
Sy.Nos.50 & 51 of Yousufguda village. Thereafter, the Receiver
had submitted representation for identification and demarcation
of the land to an extent of Acs.17.20 guntas in Sy.Nos.50 & 51
of Yousufguda by paying requisite fees to the survey authorities.
Accordingly, the survey was conducted and identified land by
fixing boundaries and thereafter a Panchanama dated
26.05.2005 was conducted to that effect so as to enable the
Receiver to protect the lands from encroachments.
Subsequently, the Receiver in order to protect the suit schedule
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
lands had filed Application No.179 of 2009 seeking direction to
the Assistant Commissioner of Police, Punjagutta, Hyderabad to
render assistance to protect the property to an extent of
Acs.17.20 guntas in Sy.Nos.50 & 51 situated at Yousufguda,
Hyderabad and this Court by order dated 16.03.2009 was
paleased to direct the Assistant Commissioner of Police to
render all necessary help to the Receiver in protecting the above
said property. Thus Item No.8 of the suit schedule A properties
i.e. the lands in Yousufguda are in possession and custody of
the Court receiver.
50. It is further submitted that insofar as the lands to an
extent of Acs.17.20 guntas in Sy.No.51 & 51 of Yousufguda,
present Town Survey Nos.2/1 and 3, Ward No.7, Block-D of
Yousufguda village, Khairatabad Mandal, it is submitted that
95% of the sharers have consented through agreement of sale
for a total consideration of Rs.90.00 crores in favour of M/s
ARJA Ventures in respect of the land to an extent of Acs.17.20
guntas in Sy.No.50 & 51 of Yousufguda village and taken the
advance sale consideration amount of 10% from the said ARJA
ventures for sale of the property. However, the Receiver has
filed a report stating that the said property was purchased by
Nizam and it is not available without any documentary evidence
issued by the Government. Eventually, it is submitted that
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
immediate steps need to be taken to identify the property and
the report is liable to be set aside.
Objections of Defendant Nos.29 and 30:
51. It is submitted that originally the father of Defendant
Nos.29 and 30 are arrayed as Defendant No.9 and after his
death, defendant Nos.29 and 30 and the family members were
brought on record as defendant Nos.27 to 32 and presently the
objections were being filed by defendant Nos.29 and 30.
52. The Objector, who is now referring to Item No.3 i.e.,
Erram Numa Palace, at Erragadda which was originally owned
by Nawab Fakhrul Mulk, the said survey number has been
renumbered as Sy.Nos.50, 51, 54, 55, 56 and 57 which includes
the palace along with surrounding land. It is submitted that in
the report no land is available in S.No.29 which is contrary to
the report of the earlier receiver-cum-commissioner filed on
12.03.2018 wherein it is submitted that land admeasuring
Ac.72-16 gts., is the subject matter of the suit is in semi public
zone, is clear vacant spot and is free from encumbrances, public
or private and is in the possession of receiver-cum-
commissioner. Insofar as observation of the receiver-cum-
commissioner with regard to this property, the Hon'ble Court
held that properties in this survey number are not the
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
properties of Nawab Fakhrul Mulk, but were purchased by HEH
The Nizam and succeeded by Government of Andhra Pradesh
and while vacating the interim orders in Appl.No.174/1979 on
11.04.1980, this Court has observed that prima facie property in
question belongs to Government and ceased to be sold to the
petitioners society. However, no categorical finding is given and
the issue of ownership of the property was not decided and that
the suit in O.S.No.1274 of 1984 which was decreed and at
present CCCA Nos.229 and 234 of 2004 are pending before this
Court and that the said suit is between the same private parties
and wherein it is nothing but a collusive suit and the decree or
order of Civil Court is not binding as the property is in the
custody of the Court and under the supervision of receiver-cum-
commissioner. He would further submit that the then receiver
Mr.Mir Muzaffar Hussain filed an Application in Appln No.40 of
1969 in O.S.No.9/1 of 1951 with a prayer to direct the Chief
Engineer, PWD (Buildings) Andhra Pradesh, Hyderabad for
conducting survey on land pertaining to Erram Manzil, wherein
the left over land to be distributed and excess land which was
occupied by the PWD. The present receiver-cum-commissioner
failed to take note of this aspect and erroneously came to
conclusion that no land is available for distribution.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
53. As regards item No.4 of the Schedule A property -
Bollaram, the property was divided into three portions out of
which two portions was sold in the auction and the third portion
is still property of the Estate and it is under the custody of the
Court.
54. As far as item No.5 of schedule of property DEVDI AT
BALDA, the objection petitioners could not ascertain and it
appears that said property was auctioned in 1953-54.
55. With regard to item No.6 of the schedule A property, still
there are Mulgies and some extent of open land remain unsold
and is in illegal occupation of unauthorized people. As such
steps have been taken to recover the possession.
56. Insofar as property No.7, BAHULUL KHAN GUDA is
concerned, the receiver-cum-commissioner stated that existence
of the property could not be ascertained as no full particulars
are given. As per order of this Cout dated 29.11.2022, it is the
duty of the receiver-cum-commissioner to ascertain from the
records available with the Registry.
57. Insofar as item No.9 at Moosapet, the receiver merely
stated that the Government has acquired the land and
compensation was claimed by the shareholders and particulars
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
of the said property is yet to be ascertained and the receiver has
to give details as to when the said land was acquired and to
whom the compensation was paid. It is further submitted that
the then receiver-cum-commissioner Mir Muzaffar Hussain filed
application vide Application No.40/1969 with a prayer to direct
the Chief Engineer, PWD (Buildings) Andhra Pradesh,
Hyderabad for conducting survey, this application is clear
insofar as availability and distribution of land to an extent of
Ac.12-35 gts., and 40 sq.yds., in Sy.Nos.106 and 107.
Subsequently, report of one Sri Mohammed Ibrahim, Engineer-
Commissioner on the survey of land attached to Erram Manzil,
wherein it is stated that this Court by order dated 02.03.1971
directed to carry out the survey of land pertaining to Erram
Manzil, wherein it is stated about the left over land to be
distributed and the excess land occupied by the PWD
Department.
58. It is therefore submitted that there is no change in the
nature of the property between 2018 till today and there is no
change in the nature of property as on today. The learned
counsel would eventually submit that the receiver-cum-
commissioner failed to comply with the directions of this Court
dated 29.11.2022 in its true spirit and came to an erroneous
conclusion that there are no properties available in the suit,
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
which is contrary to the records as such the report is liable to
be rejected.
59. It is further submitted that receiver's report indicates that
there is no land available in Sy.No.49 to the shareholders and
came to an erroneous conclusion that no properties were
available which is contrary to the records and the same is liable
to be rejected.
Written Submissions of Defendant No.39:
60. Mr.Mir Wajid Ali Kamil, learned counsel for defendant
No.39 has filed written submission concerning 'A' schedule
properties. With regard to item No.3 of 'A' schedule immovable
property at Erram Numa at Erragadda, he would submit that
there are two documents evidencing purchase of only Errum
Numa Palace building by the Nizam's Government and not
surrounded by land of about Ac.65-00 gts. A note dated 26th
Safar 1362 Hijri was sent by the Executive Council to the Nizam
recommending the purchase of Errum Numa Palace building for
construction of TB Hospital and accordingly on the
recommendation of the Executive Council, Nizam issued
Farman dated 11th Rabi-Ul-Awwal Sharif 1362 (corresponding
18th March 1943) ordering the purchase of the Palace Building
of Errum-Numa and further directed that the amount not be
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
paid to the estate but adjusted towards the payment of loans of
Nawab Fakhrul Mulk to the Government. Learned counsel
would submit that these two documents have been considered
by all the parties including the Government as authentic
document evidencing the sale/purchase of Errum Numa Palace
building for TB Hospital. He would further submit that Nizam's
Government had decided to provide medical facilities in the
vicinity of TB Hospital in the Errum-Numa Palace building and
for this purpose large extent of land was required. In the
Government Gazette No.21 in Volume No.79 dated 08.03.1948
under Section 5 of Land Acquisition Act, 1894 was published
announcing that Government required land for Hospital.
Thereafter, the rule of Nizam over the State of Hyderabad came
to an end in the month of September 1948 and the erstwhile
State of Hyderabad was merged in the Indian Union. Thereafter,
new Government issued Government Gazette dated 23.11.1950
which contains Notification No.356 dated 08.11.1950 which
states that in the earlier notification published in the
Government Gazette No.21 dated 08.06.1357 Fasli for
acquisition of lands by the Government and accordingly notice
under Section 39 of Land Acquisition Act, 1894 that those
lands are not required. Thus, 65 acres of land of Errum-Numa
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Palace continues to remain the property of the estate of Nawab
Fakhrul Mulk even till this date.
61. Referring to the conclusions of the receiver-cum-
commissioner concerning Errum numa property, learned
counsel would submit that the sentence stating "this factor
shows that the Errum-nama palace was already sold to the
Government" seems to be the conclusion which the present
receiver has arrived at on the basis of the contents of the
remaining portion of the paragraph, he would also submit that
the conclusion seems to be quite insane. Learned counsel would
submit that the receiver has a totally erroneous concept about
the Errum numa palace and would also submit that receiver
failed to realise that Errum Numa palce means only the palace
not the entire land of over Ac.65-00 gts., surrounding the palace
building. He would therefore submit that the Ac.65-00 gts., of
land around Errum Numa continues to remain with the estate
as its property even upto this date.
62. Learned counsel would further submit that Application
No.174/1979 was filed by Panchayat Raj Employees Cooperative
Housing Society for demarcating and handing over to them the
extent of land which they claimed to have purchased from some
of the heirs and successors. In the said application it is
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
submitted that TB Hospital is encroaching over the said land
which was in the custody of the Hon'ble Court and sought for
an injunction which was granted, restraining the construction
and encroachment on the application schedule land by the TB
Hospital. The Government represented by the learned Advocate
General in turn filed a counter sworn by Superintendent, TB
Hospital stating that Ac.68-20 gts., of land was purchased by
the Nizam's Government in the year 1943 against sale
consideration of Rs.3,68,000/- which was purchased on the
basis of the two documents above referred. Learned counsel
would submit that documents evidence purchase of Errum
Numa palace building only and would submit that the
Superintendent misrepresented that Ac.68-20 gts., was
purchased along with the palace building.
63. Learned counsel would further submit that "Wasool
Bakhi" document of 1357 Fasli was filed by the Hospital before
this Court which has no relevance as it was issued when a
revision survey is made and the same was filed with oblique
motive to mislead the Court by giving impression that old
Sy.No.29 corresponding to new Sy.Nos.50, 51, 54, 55, 56 and
57 was purchased by the Nizam's Government. On the basis of
misrepresentation, the Court held that Ac.68-20 gts., of land in
old Sy.No.29 corresponding to new survey numbers were
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
purchased by Nizam Government and the successor Andhra
Pradesh State is owner thereof and the order obtained in
Application No.174 of 1979 was also on the basis of fraud and
erroneous finding that the land around palace building was also
purchased by the Nizam under the same transaction.
64. Learned counsel also drawn attention of this Court to
W.P.No.21599 of 2021 which was filed by some of the
shareholders of the estate association viz., M/s.Nawab Fakhrul
Mulk Welfare Association claiming Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Re-
Settlement Bill, 2015 in respect of land in Sy.No.29 (old)
corresponding to its new Sy.Nos.49, 50 to 57. The said writ
petition was dismissed on 06.12.2021 by holding that the
petitioners have not been able to establish their stand over the
subject property. Aggrieved over the same, the petitioners
therein filed S.L.P.No.4977 of 2022 before the Hon'ble Supreme
Court and the same was dismissed on 04.04.2022.
65. Learned counsel would further submit that the objection
petitioners neither parties to the writ petition nor to the SLP
referred above and therefore the land to an extent of Ac.65-00
gts., belongs to the estate to which shareholders are entitled
and as per Section 2 of the Partition Act the Court has the
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
power to order sale instead of division in partition suits. If the
Court feels the division of property cannot reasonably be made
and that sale of the properties and distribution of the proceeds
would be more beneficial for all the shareholders.
66. As regards item Nos.1 and 2 of 'A' Schedule property of at
Errum Manzil which is a palace and building with open land in
Sy.Nos.106 and 107 of Khairatabad, Hyderabad purchased in
the year 1951 by PWD together with Ac.36-36 gts., of land and
in the year 1953 an extent of Ac.19-17 gts., of land was
acquired by PWD for construction of Andhra Junior Staff
Housing Quarters. This Court in Application No.40 of 1969
directed the receiver to take steps to collect the compensation
from the PWD Authorities who have occupied Ac.03-07 gts., of
land without the sanction or authority of this Court. The
present receiver has found an extent of Ac.03-07 gts., of excess
land in occupation of PWD or their junior staff quarters. He
would further submit that value of the land in that area is very
high and the receiver may be directed to collect compensation
amount for the said excess land.
67. As regards Meher Manzil, which is a double storied house
bearing Municipal No.6-3-566 admeasuring 3356.50 sq.yds., in
Sy.Nos.106 and 107, it is submitted by learned counsel that the
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
said building is in dilapidated state but is in the possession of
receiver and that receiver may be directed to take steps for sale
of this property. However, the present receiver has submitted
that CCCA Nos.229 and 234 of 2004 are pending with regard to
that property as on date. With regard to item No.4 i.e., Bollarum
property, learned counsel would submit that the total extent in
this property is about Ac.38 - 00 gts., and was divided into 3
portions and ordered to be put to auction on 11.01.1953.
Thereafter, auction was conducted and one portion of main
palace admeasuring Ac.9-36 gts., was sold in the auction and
the buyers of the same being sons of late Nawab Fakhar Jung
and another portion of Ac.01-00 gts., was purchased by
Mr.V.D.Rajaratnam and third portion of the property
admeasuring Ac.27-00 gts., remained unsold since it did not
fetch the expected upset price. Therefore, the objection
petitioners seek indulgence of this Court to direct the receiver to
bring out the record and present it to the Court to take a
decision on how to dispose of the property.
Written Submissions of L.R. of Defendant No.15:
68. Mr.N.M.Krishnaiah, learned counsel representing
M/s.Bharadwaj Assosicates appearing for legal heir of defendant
No.15 has filed written submission concerning 'A' schedule
properties. It is submitted that Mrs.Zaharunnisa Begum is
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
defendant No.15 and (i) Hamed Hussain (ii) Mohd.Hussain and
(iii) Raisunnisa Begum @ Mustaba Begum who are her legal
heirs were paid the sale proceeds in respect of Errum Manzil
property and other properties. Now they were seeking 1/3rd
share from the share of defendant No.15 in respect of land to an
extent of Ac.17-20 gts., in new Sy.Nos.50 and 51 of Yousufguda.
Learned counsel would again refer to the Notification No.III
dated 29.05.1357 Fasli issued for acquisition of the land but
later on acquisition was withdrawn after merger of the
Hyderabad regime and by virtue of the same, the land vests with
the hands of the owners. It is stated that the further clearance
by the ULC authorities itself is the title document to the subject
land. Subsequently, the receiver in order to protect the suit
schedule lands have filed Appln.No.179 of 2009 seeking
direction to the Assistant Commissioner of Police, Punjagutta to
render assistance and by virtue of the said orders the item No.8
of the 'A' schedule property is in the custody of the receiver.
Learned counsel would further submit that orders in
W.P.No.21599 of 2021 and order in S.L.P.(C) No.4977 of 2022
will not be applicable in deciding the rights of the parties in the
present suit for the adjudication of the title of the parties to the
suit and he would therefore pray that the report of the receiver
has to be rejected insofar as this property is concerned.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Written Submissions of Defendant Nos.29 and 30:
69. Mr.Zakir Ali Danish, learned counsel for defendant Nos.29
and 30 have filed written submission concerning 'A' schedule
properties. He would submit that defendant Nos.29 and 30
along with family members were brought on record by order of
this Court in Appln.Nos.97 and 98 dated 10.10.1958 and would
refer to Appln.No.179 of 2009 which was filed seeking for police
protection to protect the land at Yousufguda, wherein this Court
has already granted police protection and without verifying this
order, the receiver has filed the report.
70. As regards Meher Manzil, at Khairtabad to an extent of
3,356 sq.yds., learned counsel submitted that the same is
under civil dispute and CCCA Nos.229 and 234 of 2004 are
pending and the property is in the custody of Hon'ble Court. As
regards the property in Sy.No.29 (old) corresponding Sy.Nos.49
to 57 was never acquired except building i.e., Erram Numa
palace and is still under the custody of the Hon'ble Court.
71. As regards the item No.4, it is submitted that still one
portion of the said building is to be distributed among the
defendants. As far as item No.6 is concerned, it is submitted
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
that the land is under illegal occupation and as such receiver
must take necessary steps to recover the possession. As regards
item No.7, it is submitted that receiver should have verified the
records instead simply stated that shareholders failed to give
any particulars. Learned counsel would further submit that
dismissal of W.P.No.21599 of 2021 will have no consequences
as the dismissal of the said W.P. will not come in the way of this
Court to decide the issue as said property where the multi
specialty hospital is proposed by the Government is part and
parcel of old Sy.No.29 and that the land acquisition notification
was withdrawn. It is further submitted that the properties in
this suit have spread over a large extent and that shareholders
are more than 100 and it is not possible to distribute the
available lands among the shareholders by fixing the metes and
bounds. Eventually, learned counsel would submit that report
submitted is contrary to the facts of reports submitted by earlier
receivers and the same may be rejected and prays this Court to
direct the receiver to submit a fresh report.
Written Submissions of Defendant Nos.72 and 82:
72. Mr.P.Giri Krishna, learned counsel for defendant Nos.72
and 82 has adopted the written submission filed on behalf of
defendant No.39.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
73. The sum and substance of the arguments of all the
objection petitioners/defendant Nos.39, 15, 29, 30, 72 and 82 is
that the receiver-cum-commissioner has not dealt with the
subject property fully and the subject properties were not fully
distributed among the five branches of the sharers hence they
prayed to reject the report and conduct survey of the subject
properties again for filing fresh report.
ANALYSIS AND CONCLUSIONS:
74. The following points emerge for consideration.
(i) Whether the report dated 16.03.2023 of the Receiver
- cum - Commissioner is liable to be rejected?
(ii) Whether final decree is to be passed in the present
suit? and
(iii) To what other reliefs the parties are entitled for?
75. It is pertinent to note that in the schedule of properties
which was allotted to the five (5) branches of Nawab Fakhrul
Mulk who were entitled to Matruka shares have been decided to
an extent of 20% each. Thereafter, in pursuance to the various
reports and as per the records, the possession of the (5) plots
was finally handed over to the shareholders on 26.05.1973 by
Mr.Mohd. Ibrahim, Engineer-Commissioner, after evicting the
encroachers of the land. The record reveals that practically
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
there is no land for distribution in property item Nos.1 and 2
after the aforesaid disposal of property.
76. With regard to Meher Manzil bearing House No. 6-3-566
admeasuring 3356.60 sq yards in Sy.Nos.106 and 107, a suit in
respect of the said building was decreed in O.S.No.1271 of
1994. At present CCCA Nos.229 and 234 of 2004 are pending
before the High Court. Application (SR) Nos.1251 of 2017 and
70916 of 2019 in Application No.4517 of 2013 and Application
No. 626 of 2013 in / and Application No. 952 of 2011 in C.S.No.
9/1 of 1951 were dismissed on 28.11.2022. That apart, the
order in Crl.M.P.No. 2007 of 1998 dated 09.07.1998 goes to
show that the unmarked keys of the said building (PI
No.477/88) were ordered to be handed over to the petitioner
therein (A.P. Christian Medical Educational Society merged with
PI SGA).
77. As regards item No.3 i.e., Bungalow Erram Numa,
Erragadda, after deducting the land of Maqbara measuring
Ac.59-00 gts., and item No.8, land situated at Yousufguda,
Application No.174/1979 was filed before this Court and this
Court held that the lands and property in (old) Sy.No. 29, (new)
Sy. Nos. 50, 51, 54, 55, 56 and 57 are not the properties of
Nawab Fakhrul Mulk but they were purchased by the HEH the
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Nizam and succeeded by the Government of Andhra Pradesh. As
regards submissions made before the Division Bench of this
Court in W.P.No.21599 of 2022 in respect of land admeasuring
Ac.89-05 gts., in Sy.No.29 corresponding Sy.Nos.49, 50 to 57, at
Yousufguda, it is pertinent to note that the petitioners in the
said writ petition contended based on the news published in
Times of India stating that the Government is constructing
multi-specialty hospital over a portion of the subject land and
that the government has not acquired the land and thereby the
petitioners therein were entitled for compensation. The Division
Bench considering the submissions of the Learned Counsel for
the State Government held that the subject land was purchased
by the Government under a Notification which was issued to the
effect of Farman dated Shaban-ul-Moazam 1364 Hijri and that
the possession of the TB Hospital is in existence of the
Government and not that of Fakhrul Mulk and Ghazi Jung and
once the petitioners therein have not been able to establish their
stand over the subject property, the question of paying
compensation in terms of Right for Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act,2013 does not arise.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
78. Aggrieved over the same, the petitioners therein preferred
Special Leave to Appeal (C) No.4977 of 2022 and the Hon'ble
Supreme Court after perusing the record vide order dt: 04-04-
2022 did not find any reason to entertain the petition under
Article 136 of the Constitution of India. The operative portion of
the order is extracted hereunder:
"Having heard learned counsel for the
petitioners and on perusal of the record, we do not
find any reason to entertain this petition under
Article 136 of the Constitution of India.
The petition seeking special leave to appeal is,
accordingly, dismissed.
All pending applications stand disposed of."
79. It is pertinent to note that since the construction of the
multi-specialist hospital is published at large, the petitioners
therein who are also members of M/s.Nawab Fakhrul Jung
Welfare Association, the submissions of the petitioners and their
predecessors who are also interested over the subject property
that said orders in W.P No. 21599/2021 dated 06.12.2021 and
the order dated 04.04.2022 passed by the Hon'ble Supreme
Court vide as not binding on them is unsustainable.
The petitioners at this point of time cannot contend that they
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
are not concerned with the orders passed by this Court and the
Hon'ble Supreme Court which was based on the public news.
80. On a perusal of these orders, it is clear that after
distribution of plots in Sy.No.49 to the shareholders,
no property is available in respect of item Nos.3 and 8 for
distribution.
81. As regards item No.4 i.e., Bungalow at Bollaram, as per
the report, the property was already tackled and disposed of and
the sale proceedings were distributed in the year 1953.
82. As regards item No.5 i.e., Devdi At Balda, the record
shows that the property was already tackled and disposed of in
the year 1954. The report dt.23.03.1967 of the Receiver Mr.MIR
MUZAFFAR HUSSAIN (defendant No.16) also shows that the
property i.e., Devdi Balda was divided into three portions, which
were put to auction and after deducting towards Municipal
Taxes and Land Revenue and office expenses and the balance
amount of Rs. 55,000/- was paid to the heirs of late Nawab
Fakhrul Mulk.
83. As regards item No.6 i.e., Mulgies Devdi at Balda, it is
submitted that as per the note put up by the then Additional
Deputy Registrar of this Court dated 21.09.1967, the said
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
property was acquired by the City Improvement Board and the
compensation was paid.
84. As regards item No.7 i.e., the land situated at Behlul
Khanguda, there is no sufficient record pertaining to this
property and that report of Additional Deputy Registrar also
shows that there is no record in the office in respect of this
property. It is also noted that though request was made to the
parties and learned counsels to produce any material in respect
of this property, no sufficient material was produced. In view of
the same, the said property is not contested and no further
orders are required to the extent of this property.
85. As regards, property No.9, as per the available records,
this property was also disposed of and as per the report dated
23.06.1967 of the then Additional Deputy Registrar of this
Court, the Government had initiated land acquisition
proceedings. Further, the report of the Receiver viz., MIR
MUZAFFAR HUSSAIN (defendant No.16) dt.23.03.1967 also
shows that the land at Moosapet bearing Sy.No.237/1 and
237/2 admeasuring Ac.6-11 guntas and Ac.0-10 guntas
respectively was acquired by the Government by notification
dated 22.09.1961. The Hon'ble High Court by an order dt.22-9-
1961 permitted the parties to prefer Claim Petition before the
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Land Acquisition Officer and to prosecute the proceedings
themselves. By order dt.17.01.1964, the High Court allowed the
parties to prosecute the proceedings themselves before the II
Addl. Chief Judge, City Civil Court, Hyderabad in O.P. No.57 of
1963. According to the Receiver, the parties have claimed
compensation at Rs.15/- per sq.yard in respect of the above
land in addition to the solatium and usual interest. Thus the
property was already tackled. As such the shareholders in the
suit have received the compensation for the land in item No.9
that was acquired by the Government.
86. In the objection petitions filed, it is stated that still certain
extent of land is available, however, in the final Report dt: 16-
03-2023, it is submitted that no land is available for partition.
Even otherwise according to the objection petitioners, the extent
is differing and unless the properties are defined with specific
extent and a specific claim is made regarding the availability of
any land, the objections of the petitioners cannot be considered
and are accordingly rejected.
87. In the case on hand, the preliminary decree was passed
on 25.04.1951 and the rights of the parties are determined
based on compromise and thereafter what remains is that only
an enquiry has to be conducted pursuant to the said
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
preliminary decree which became final and curtains were finally
drawn and the shareholders to the extent of their respective
shares was also sure about their possession of the respective
lands and there were no third parties in the preliminary decree
and also no clause for future course of action.
88. Filtering the unnecessary details and based on the reports
of the receivers-cum-commissioners, orders passed by this
Court, the rights of the parties have been fructified and their
possession was exclusively determined. It is further to be noted
that the third parties were placed in the subject property on
account of the sale, acquisition and distribution of the parties. If
such third parties are found to be in excess possession at that
relevant point of time, the shareholders/predecessors ought to
have taken appropriate steps as available under law at that
point itself. The report states that except CCCA Nos.229 and
234 of 2004 no case is pending at the time of filing of the final
report. It is also pertinent to note that as observed earlier, the
shareholders/predecessors ought to have filed application
before this Court for passing final decrees on the available land
if any, however, the legal heirs at this belated stage cannot raise
new grounds stating that land is still available for partition.
The report further shows that there are no claims pending
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
before the receiver-cum-commissioner and even before earlier
receiver-cum-commissioner.
89. In the case of Bimal Kumar v. Shakuntala Devi 1 the
Hon'ble Supreme Court has observed that in the compromise
decrees, where the petitioners have allotted respective shares
and they were in separate and exclusive possession thereof and
where there was no clause in the compromise decree with
regard to future course of action, the decree can be drawn up
incorporating the compromise and held is a final decree and
hence executable. The relevant paragraph Nos.25 to 28 is
extracted:
"25. In the said case, after referring
to CPC by Mulla, this Court, while drawing a
distinction between the preliminary and the final
decree, has stated that a preliminary decree
declares the rights or shares of the parties to the
partition. Once the shares have been declared
and a further inquiry still remains to be done for
actually partitioning the property and placing the
parties in separate possession of the divided
property, then such inquiry shall be held and
pursuant to the result of further inquiry, a final
decree shall be passed. A preliminary decree is
one which declares the rights and liabilities of the
parties leaving the actual result to be worked out
in further proceedings. Then, as a result of the
(2012) 3 SCC 548
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
further inquiries conducted pursuant to the
preliminary decree, the rights of the parties are
finally determined and a decree is passed in
accordance with such determination, which is the
final decree. Thus, fundamentally, the distinction
between preliminary and final decree is that: a
preliminary decree merely declares the rights and
shares of the parties and leaves room for some
further inquiry to be held and conducted pursuant
to the directions made in the preliminary decree
which inquiry having been conducted and the
rights of the parties finally determined a decree
incorporating such determination needs to be
drawn up which is the final decree.
26. Applying the principles laid down in the
aforesaid authorities, it is graphically clear that in
the case at hand, the parties entered into a
compromise and clearly admitted that they were
in separate and exclusive possession of the
properties and the same had already been
allotted to them. It was also admitted that they
were in possession of their respective shares and,
therefore, no final decree or execution was
required to be filed. It is demonstrable that the
compromise application does not contain any
clause regarding the future course of action. The
parties were absolutely conscious and rightly so,
that their rights had been fructified and their
possession had been exclusively determined.
They were well aware that the decree was final in
nature as their shares were allotted and nothing
remained to be done by metes and bounds. Their
rights had attained finality and no further enquiry
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
from any spectrum was required to be carried out.
The whole thing had been embodied in the decree
passed on the foundation of compromise.
27. It is to be borne in mind that the term
`compromise' essentially means settlement of
differences by mutual consent. In such process,
the adversarial claims come to rest. The cavil
between the parties is given a decent burial. A
compromise which is arrived at by the parties
puts an end to the litigative battle. Sometimes the
parties feel that it is an unfortunate bitter struggle
and allow good sense to prevail to resolve the
dispute. In certain cases, by intervention of well-
wishers, the conciliatory process commences and
eventually, by consensus and concurrence, rights
get concretised. A reciprocal settlement with a
clear mind is regarded as noble. It signifies
magnificent and majestic facets of the human
mind. The exalted state of affairs brings in
quintessence of sublime solemnity and social
stability.
28. In the present case, as the factual
matrix would reveal, a decree came to be passed
on the bedrock of a compromise in entirety from
all angles leaving nothing to be done in the future.
The curtains were really drawn and the Court
gave the stamp of approval to the same. Thus, the
inescapable conclusion is that the compromise
decree dated 03.04.1964 was a final decree."
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Point Nos.(i), (ii) & (iii):-
90. It is an admitted fact that the preliminary decree in the
present case was passed basing on the three compromise
petitions. Order XX Rule 18(2) CPC provides for passing
preliminary decree and final decrees in the partition suit like the
present case. In the preliminary decree the rights of the
respective shares were declared and are final.
91. The main contention of the learned counsel appearing for
the objection petitioners/defendants is that the Receiver-cum
Commissioner had not dealt with the subject properties as
described (Item No 1 to 19) in his report dt: 16-03-2023 and
that still some property/land exists and are available for
partition and the same may be identified and distributed among
the Five branches of the sharers. The objection Petitioners/
defendants eventually pray to reject the report and survey the
subject lands again and file fresh report.
92. As seen from the record, several reports were filed by
different Receivers - cum - Commissioners. The last of such
report is dated 16.03.2023. At the time of passing the
Preliminary Decree there were 2 Plaintiffs and 26 defendants.
Later the Legal heirs of the defendant were brought on record
vide court orders and now as per the Cause Title there are
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
totally 94 defendants. It is pertinent to note that out of 94
defendants only 5 groups of defendants have filed the objections
to the final Report dated 16.03.2023.
93. Considering the report in its entirety which has also
considered the reports of all the earlier receivers, it appears that
there are no lands are available for partition and the Maqbara
(Graveyard) cannot be divided.
94. Since the Receiver-cum-Commissioner in the Report dated
16.03.2023 which is considered as final report reported that
there is no land available for partition, the arguments of the
learned counsels for the objection petitioners/defendants
cannot be accepted. Therefore, the irresistible conclusion is that
there is no reason to reject the report. Accordingly the Report dt:
16-03-2023 is accepted and confirmed. The objection
petitioners/defendants are not entitled for the reliefs. Point
Nos.(i), (ii) & (iii) are answered accordingly.
Final Decree:
95. The record reveals that out of Item Nos.1 and 2
properties, Errum Manzil Palace was sold to the Government.
The Government had also acquired the land for construction
of staff quarters. Thereafter, a large extent of (5) hilly plots
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
were handed over to the shareholders. Subsequently,
(5) smaller extents of flat plots were handed over to the
shareholders. The building bearing H.No.6-3-252 was
auctioned and sale proceeds were distributed to almost all
the shareholders after collecting 3% of the share amount
towards the Stamp Duty for Non-Judicial Stamps for
engrossing Final Decree. The record reveals that the Non-
Judicial Stamps were not deposited, in other matters,
including Sy. No.49, as reflected in the Statement 'C' filed by
the Receiver Mr. Mir Muzaffar Hussain.
Total Amount available in the Suit Account:
96. As per the report dated 16.03.2023, it is submitted that
as per the information furnished by the Accounts Section of the
High Court as on 10.03.2023 an amount of Rs.1,18,81,249/-
(Rupees One Crore Eighteen Lakhs Eighty One Thousand Two
Hundred and Forty Nine only) is available in the suit Account.
97. The said amount belongs to the sharers who have not
claimed the amount so far and also the interest accrued
thereon. In order to safeguard the amount, it is desirable to
keep this amount in the Fixed Deposit of any Nationalized Bank
to the credit of the suit for a specific period, extendable from
time to time. Whenever the sharers approaches and claims the
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
amount, such claim shall be decided by a learned Single Judge
as was done earlier in disposing of the cheque petitions, which
can be filed under Rules 163 and 165 of Civil Rules of Practice.
MAQBARA:
98. As regards Maqbara (Graveyard) in Ameerpet,
the Receiver-cum-Commissioner would submit that the Indian
National Trust for Art and Cultural Heritage (INTACH), which is
Spearheading the heritage awareness and conservation in India
presented an Award to Maqbara in 2011. Therefore, it is
desirable to save this heritage.
99. A Committee was appointed by the High Court to
manage Maqbara (Graveyard) earlier. Now it appears that the
committee is not functioning. It is further submitted that in
the interest of parties, it is desirable to appoint a fresh
Committee of five members by taking each member from five
branches to look-after it. It is not liable for division as it is
not Matruka.
100. RESULT:
a) The amount lying to the credit of the suit as on date shall
be kept in Fixed Deposit in any of the Nationalized Bank to the
credit of the suit and whenever the representatives/legal heirs of
the parties to the suit approaches this Court and file Cheque
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
Petitions under Rules 163 and 165 of Civil Rules of Practice,
such applications shall be decided in accordance with law as
mentioned above.
b) Since the Maqbara (Graveyard) Committee, Nawab
Fakhrul Mulk Bahadur situated at Ameerpet, Hyderabad, is not
functioning, a new Committee comprising of Five (05) members
of Five (05) branches of the sharers would be appointed to look
after the affairs of the said Maqbara (Graveyard) as and when an
application is made on behalf of the family members of Five (05)
branches of the sharers.
c) We place on record our appreciation the work of the
Receivers-cum-Commissioners supporting us to dispose of the
suit, which is of the year 1951. We also place on record our
appreciation to the Registry in maintaining the records for the
last as many as (73) years.
d) Mr. Mohd. Nizamuddin, Receiver-cum-Commissioner is
hereby discharged from the capacity of Receiver-cum-
Commissioner and an amount of Rs.1,50,000/- is fixed towards
his Honorary remuneration as full and final settlement.
HCJ & NVSK, J
Civil Suit No.9/1 of 1951
In the result, the Civil Suit in C.S. No.9/1 of 1951 is
hereby closed.
_______________________________
ALOK ARADHE, CJ
_______________________________
N.V.SHRAVAN KUMAR, J
Date: 23.04.2024
Note: L.R. copy be marked.
B/o.
LSK*/mrm
Note: The Registry is directed to enclose a copy of the
report submitted by Sri Mohammed Nizamuddin, District
Judge (Retd.) Receiver-cum-Commissioner in C.S. No.9/1
of 1951, dated 16.03.2023 along with the order copy.
