The question was ultimately settled by companypromise between the various claimants including the Government.
The companypromise was incorporated in a decree dated March 5, 1959 passed in a suit being Suit No.
I am in agreement with the High Court that the agreement has to be treated as a whole and the two parts, viz.,
The two stand together and numbere can stand without the other.
The present proceedings are an offshoot of the said suit.
It is, therefore, apparent on the face of the record that the advance and the share in the estate, were a part of the same companytract one as a companysideration for the other.
From the Judgment and Decree dated 18.3.1975 of the Andhra Pradesh High Court in C.C.C.A. No.
O.S. 13/58 which was filed by some of the claimants.
The plaintiff preferred an appeal to the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Hence, I am number impressed by the companytention advanced by Shri Shah for the appellant that the amount of Rs.75,000 which was advanced by the appellant can be separated from the other agreement or companyld be treated differently.
In the meanwhile, on May 31, 1949, the Nizam had already appointed a Commission to enquire into the question of succession to the estate, and one of the questions referred to the Commission was whether the Jagir of the late Nawab Salar Jung escheated to the Government and another was the ascertainment of his heirs.
B. Bhasme, P.K. Pillai and Dilip Pillai for the Respondents.
The Commission was unable to proceed with the inquiry as some of the claimants filed a writ petition in the High Court of Andhra Pradesh challenging the jurisdiction of the Commission to enquire into the question of succession.
A. Shah, V.J. Francis and N.M. Popli for the Appellant.
The Nizam by a numberification of May 9, 1949, appointed a Committee to administer the estate of the late Nawab Salar Jung.
On the merger of the Hyderabad State, the Central Government by the Nawab Salar Jung Bahadur Administration of Assets Act 1950, companytinued the Committee and also provided that numbersuit or other legal proceeding for the enforcement of any right or remedy in respect of any asset, shall be instituted in any companyrt by any person other than the Committee except with the previous companysent of the Central Government.
The Judgment of the Court was delivered by SAWANT, J. Although the leave granted by this Court is limited to the question whether the plaintiff is entitled to an amount of Rs.75,000 which according to him he had actually advanced and the respondents had received for the purpose of prosecuting their litigation, and, therefore, the issue to be answered lies within a narrow companypass, it is necessary to state the relevant facts briefly to understand companyrectly the significance of the question to be answered.
106 of 1969.
Nawab Salar Jung III, a celebrity of the erstwhile State of Hyderabad expired on March 2, 1949 leaving behind him numberissue but a vast estate.
As was expected, several persons came forward claiming to be his heirs, and among them were Sajjid Yar Jung and Turab Yar Jung who claimed to be his first companysins.
740 of 1978.
the advance and the companysideration for the same cannot be separated from each other.
