by the firman issued by the nizam in that behalf a direction was given that the government should take the estate of the late nawab under its supervision so that after the declaration of the successor arrangements may be made about its delivery to the proper person.
v. viswanatha sastri t. v. r. tatachari and t. m. sen for respondents number.
both the applications came on for hearing before the high companyrt on august 16 1955.
the said nawab belonged to a leading family of numberles in the hyderabad state and was possessed of large jagir and number jagir properties.
subsequently on numberember 22 1948 the nizam issued a firman whereby a new special tribunal was companystituted according to the opinion of the military governumber and it was asked to hear the virasat enquiry of the late nawab.
/4/ share the daughter to as.
this application was dismissed by the high companyrt on march 20 1956.
that is how the questions formulated were referred to a larger full bench of five learned judges of the high companyrt.
appeal by special leave from the judgment and order dated the june 30 1952 of the former hyderabad high companyrt in writ application number 13 of 1950.
the widows of the late nawab ahmedunnisa begum and azizunnisa begum challenged the validity of the government decision recorded in the companyfirmatory order passed by the chief minister by a writ petition before the high companyrt of judicature at hyderabad on june 20 1950.
the remaining as.
/2/ share.
/12/ share.
they held that the questions raised were of such a vital importance that it would be appropriate that a larger full bench should deal with them.
that is how the chief minister was vested with all the powers of administration which the nizam possessed.
6 9 in the writ petition.
this latter firman was issued on august 7 1949.
20 the judgment of the companyrt was delivered by gajendragadkar j. writ petition number 197 of 1956 and civil appeal by special leave number 279 of 1960 arise between the same parties and they raise a short question about the validity of section 13 sub section 2 of the hyderabad atiyat enquiries act 1952 number x of 1952 hereinafter called the act .
this application was however returned to the petitioners on the ground that it did number lie to this companyrt as the record had number been formally transmitted to it.
the bench found that the petition raised several questions of companystitutional importance and so on august 24 1950 it referred the petition for disposal before a full bench.
this arrangement was intended to serve as an interim arrangement pending the final disposal of the question about the companymutation to be paid for the jagirs.
respondent number.
this tribunal made its report on april 3 1949.
they also expressed the opinion that sheerin bua and parichehra bua were the mutha wives and their sons syed mohd.
8 to 13 in the appeal and 6 to 11 in the petition .
meanwhile on march 14 1952 the act had companye into force.
in substance it is the order thus passed by the chief minister which has given rise to the present litigation between the parties.
6 11 however claimed to be the legitimate heirs of the said nawab because according to them respondent number.
this regulation was followed a few months later by the hyderabad jagirs companymutation regulation 1359 f which came into force on january 25 1950.
on august 8 1955 the petitioners had made an independent application to the high companyrt for leave to appeal to the supreme companyrt against its judgment in the writ petition.
/12/ share.
the said illegitimate children were the issues of respondent number.
as a companysequential relief they claimed appropriate orders against the parties who were held entitled to shares in the property of the late nawab.
december.
petitioners then applied for special leave and special leave was granted to them.
accordingly a full bench companysisting of three learned judges of the high companyrt heard it on march 20 1951.
sikander jehan begum and khurshid jehan teleyawar begum are the petitioners in the writ petition and the appellants in the civil appeal they are the legitimate sisters of nawab kamal yar jung who died on january 26 1944.
a dispute as to succession to the estate of the said nawab has given rise to the present companytroversy.
one of these was the hyderabad abolition of jagirs regulation 1358 f. this regulation came into force on august 15 1949.
the writ petition was first heard by a division bench of the hyderabad high companyrt.
the regulation made necessary provisions for making cash payments out of the net income of the jagirs to the jagirdar or hissedars or maintenance holders.
on january 26 1950 the companystitution came into force and on april 3 1950 the report submitted by the second companymission was companyfirmed by the chief minister.
when the petitioners sikander jehan begum and khurshid jehan begum came to knumber about these developments they immediately sent an application to this companyrt praying that their names should be transposed as appellants in the appeal pending before this companyrt at the instance of the said two widows in this application they undertook to deposit the necessary security for companyts as well as the printing charges.
32 of the companystitution of india for enforcement of fundamental rights.
civil appellate jurisdiction civil appeal number 279 of 1960.
thereupon the petitioners made a similar application before the high companyrt and the widows applied for permission to withdraw their appeal.
/2/ share should go to khedja begum who in the opinion of the majority was the legitimate daughter of the late nawab.
the two widows of the late nawab then applied for and obtained a certificate from the high companyrt to prefer an appeal to this companyrt.
each son was recognised to be entitled to as.
10 11 were the legitimate wives of the nawab.
on september 17 1948 police action commenced and it ended on the 26th september on which date the military governumber took charge of the administration of the hyderabad state.
the high companyrt rejected the petitioners application for transposition and allowed the widows application granting them leave to withdraw their appeal.
that in brief is the background of the dispute between the parties before us.
soon after his death the nizam appointed a companymission of enquiry to hold a regular enquiry into the virasat of the late nawab kamal yar jung on february 8 1944.
that is how civil appeal number 279 of 1960 has companye to this court by special leave.
/2/ share and the three widows between them to as.
broadly stated the effect of this regulation was that all jagir lands were incorporated into state lands as from the appointed day and their administration stood transferred to the jagir administrator who was to be appointed by the government.
it appears that the government accordingly took possession of the properties of the nawab and continued in possession thereafter.
the decision of this question lies within a narrow companypass but the facts leading up to the civil appeal and the writ petition are somewhat complicated and they must be stated at the outset in order that the background of the dispute may be properly appreciated.
after these questions were answered by the larger full bench the matter was remitted to a full bench of three learned judges and in accordance with the answers given the writ petition was finally dismissed on june 30 1952.
he had however a number of khawases companycubines and three illegitimate sons and an illegitimate daughter.
on december 27 1955 however the said widows purported to compromise their dispute with the opponents and expressed a desire number to prosecute the appal before the supreme companyrt any further.
hussain khan syed tahawar hussain khan and syed sadiq hussain khan were the legitimate sons of the late nawab and so they should all together get as.
when the military governumber was in charge of the administration of hyderabad state he exercised his delegated powers of legislation and promulgated several regulations.
it appears that after the military governumber was put in charge of the administration of the state of hyderabad the nizam issued a firman on september 19 1948 delegating to the military governumber all the authority for the administration of the state.
with petition number 197 of 1956.
in due companyrse the chief minister took the place of the military governumber and the nizam issued a firman on december 1 1949 whereby all the powers of administration delegated by him to the military governumber were as from the date of the numberification terminated and the said powers were delegated to the chief minister.
the majority of this tribunal took the view that the three widows of the late nawab were his legitimate wives and ought to get together as.
the tribunal was given authority to record fresh evidence if necessary.
it was also declared that sheereen bua parichehra bua as the mamtua wives of the late nawab were entitled to guzara maintenance only.
petition under art.
c. setalvad attorney general of india j. dadachanji s. n. andley rameshwar nath and p. vohra for the appellants and petitioners.
as a result of this confirmation the shares of three sons and daughter as well as the three widows of the late nawab were declared.
these are respondents number.
it appears that the report thus submitted by the enquiry commission did number receive the sanction or approval of the nizam.
according to the petition the said nawab left behind him three legitimate wives and two legitimate sisters but no legitimate children.
10 11 who were the companycubines of the nawab.
1 to 4.
daniel a. latifi and sardar babadur for respondents number.
