THE HON’BLE SRI JUSTICE V.SURI APPA RAO Application No.593 of 2014 in C.S.No.7 of 1958 Dated 30th June, 2014 Between:
1. Ahmed Hussain (late)(died as per LR.)
2. Khadeer Hussain .. Applicant-petitioner and Ahmed Miya and others .. Respondents THE HON’BLE SRI JUSTICE V. SURI APPA RAO Application No.593 of 2014 in C.S.No.7 of 1958 ORDER:
This application under Order I Rule 10 (2) and section 151 of the Code of Civil Procedure is filed seeking to implead the applicant No.2 as defendant to C.S.No.7 of 1958.
As seen from the affidavit filed in support of this application, O.S.No.130/1 of 1952 was filed by one Sahebzadi Sultan Jahan Begum, being one of the legal heirs to the estate of Sir Asman Jah Paigah, for partition of Matruka property and the said case was renumbered as C.S.No.7/1958 on being transferred to this Court. Plaintiff and D.1 Nawab Zaheer Yar Jung Bahadur withdrew from the said case after taking certain items of properties and a preliminary decree was also passed on 06.04.1959. Further D.1 in the capacity of Amir-E-Paigah and his wife Hushmthunissa Begum exclusively came to be owned and possessed certain precious jewellery and the same were seized from them at Santa Cruz Aerodrome, Bombay, on 19.04.1952 under a Panchanama, subsequently, a Memorandum bearing C.No.3419/52 was came to be issued on 13.05.1952. It is further stated that by way of a Deed of Assignment registered as document No.654 of 1958 dated 31.03.1958 on the file of District Registrar, Hyderabad, D.1 and his wife sold away their rights in favour of the first applicant and respondent herein in respect of articles of jewelry listed as items G-1 to G-7 and H and items I and N of Schedule B and items I-1 to I-4 in schedule C (hereinafter referred to as ‘schedule property’). The first applicant herein, who is the second assignee in said Assignment Deed, died on 08.02.1983 leaving behind the second applicant herein as his exclusive legal heir and as such the second applicant is entitled for the share held by his father. It is further submitted that the parties herein i.e. second applicant and respondent have entered into an agreement dated 15.06.2014 wherein both the parties agreed not to make any objection for passing of a final decree in respect of their respective shares from out of the schedule property. As such, the present application for impleading the second applicant as defendant to C.S.No.7/1958.
Learned counsel for the applicant submits that the father of the applicant along with respondent herein purchased the schedule property from D.1 and his wife vide assignment deed dated 31.03.1958 and after his death his exclusive legal heir i.e. applicant No.2 herein is entitled to said property. As such, applicant No.2 needs to be impleaded as defendant to C.S.No.7 of 1958.
Having heard the learned counsel, since the applicant No.2 is having title over 50% of the schedule property in view of assignment deed dated 31.03.1958, it is appropriate to allow him i.e. applicant No.2 to come on record as a defendant to C.S.No.7 of 1958.
Hence, this application is ordered as prayed for.
V.SURI APPA RAO, J
Dated 30th June, 2014 SUR / KVRM THE HON’BLE SRI JUSTICE V.SURI APPA RAO Application No.593 of 2014 in C.S.No.7 of 1958 Dated 30th June, 2014