THE HON’BLE SRI JUSTICE V.SURI APPA RAO Application No.591 of 2014 in C.S.No.7 of 1958 Dated 30th June, 2014 Between:
Ameerunnisa begum .. Applicant-petitioner and Sahebzadi Sultan Jahan Begum (died) & others .. Respondents ORDER:
THE HON’BLE SRI JUSTICE V. SURI APPA RAO Application No.591 of 2014 in C.S.No.7 of 1958 This application under Order I Rule 10 (2) and section 151 of the Code of Civil Procedure is filed seeking to implead the applicant 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. It is further averred that D.1 in the capacity of Amir-E-Paigah after obtaining necessary permission from the then Government of Hyderabad and the Paigah Committee sold away the schedule property i.e. Towatiya known as Bagh-e- Shamshia, situated at Madine-e-Munawarrah, Kingdom of Saudi Arabia (KSA) to Prince Nawab, Taqi Jah Bahadur vide registered sale deed bearing document No.31/1359. Subsequent thereto, said Nawab Taqi Jah Bahadur gifted away the schedule property in favour of his grandson Nawab Mir Muzaffar Ali Khan, being then minor under the guardianship of his mother Ameerunnisa Begum i.e. applicant herein, through registered gift deed bearing document No.2960/1978 dated 15.02.1978. It is further submitted that even after alienation of schedule property by D.1, the legal heirs of D.1 approached the Government of Saudi Arabia and claimed compensation amount vide Ministry of Justice order No.23/25293 dated 26.04.1423 Hijri. As such, the applicant filed the present application seeking to implead her as defendant to C.S.No.7/1958 so as to enable her to get a final decree in her favour and also to claim compensation from the Government of Saudi Arabia for the schedule property.
Learned counsel for the applicant submits that purchaser of the schedule property from D.1 under document No.31/1359 Fasli had gifted the same in favour of his grandson, being minor represented through his mother i.e. applicant herein, through registered gift deed bearing document No.2960/1978. As such, the applicant needs to be impleaded as defendant to C.S.No.7 of 1958.
Having heard the learned counsel, since the applicant appears to be having title over the schedule property in view of registered gift deed bearing No.2960/1978, it is appropriate to allow her 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.591 of 2014 in C.S.No.7 of 1958 Dated 30th June, 2014