THE HON’BLE SRI JUSTICE V.SURI APPA RAO Application No.775 of 2014 in C.S.No.7 of 1958 Dated 30th June, 2014 Between:
Nawab Mir Muzaffar Ali Khan .. Applicant-petitioner and Sahebzadi Sultan Jahan Begum (died) & others .. Respondents ORDER:
THE HON’BLE SRI JUSTICE V. SURI APPA RAO Application No.775 of 2014 in C.S.No.7 of 1958 This application under Order 20 Rule 18 & Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure is filed seeking to record compromise and pass a final decree in favour of the applicant in terms of Memorandum of Compromise dated 05.06.2014 by declaring the applicant as owner in respect of property called Towatiya known as Bagh-e-shamshia situated at Madine-e-Munawarrah, Kingdom of Saudi Arabia (KSA), (hereinafter referred to as ‘schedule property’) in view of registered sale deed bearing No.31/1359 and gift deed bearing No.2960/1978.
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 declaring the shares of each and every party. 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 i.e. the applicant herein through registered gift deed bearing document No.2960/1978 dated 15.02.1978. It is further submitted that the schedule property was acquired by the Kingdom of Saudi Arabia for the purpose of extension of the Roza-e-Mubarak and the compensation for the same was deposited in the bank. Now, it is the grievance of the applicant 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 for passing of a final decree in his favour in respect of 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 the applicant through registered gift deed bearing document No.2960/1978. As such, applicant is entitled for a final decree in his favour in respect of the schedule property.
Learned counsel for the applicant further submits that since the applicant herein was a minor at the time of gifting schedule property, he was represented by his mother Ameerunnisa Begum being his natural mother. As such, along with this application, the applicant also filed a Memorandum of Compromise dated 05.06.2014 entered between himself and his mother wherein she has categorically admitted not to make any objections or claim over the schedule property and also to hand over the original documents of sale deed and gift deed to the applicant herein. Thus, he submitted that there is no impediment in ordering the present application.
Learned counsel for the respondent also reiterated the terms of compromise entered between the parties and represented that his client has no objection of passing of a final decree as prayed for by the applicant.
According to both the counsel, the terms of compromise are not shown to be void or voidable and they appear to be lawful. Therefore, there is no impediment for recording the compromise.
Considering the above circumstances this application is ordered giving liberty to the applicant to approach the proper forum for appropriate reliefs in respect of the schedule property i.e. Towatiya known as Bagh-e- shamshia situated at Madine-e-Munawarrah, Kingdom of Saudi Arabia (KSA).
Accordingly, this application is ordered.
V.SURI APPA RAO, J
Dated 30th June, 2014 SUR / KVRM THE HON’BLE SRI JUSTICE V.SURI APPA RAO Application No.775 of 2014 in C.S.No.7 of 1958 Dated 30th June, 2014