Telangana High Court Closes 66-Years Old Land Dispute On 'Non-Existent Properties'

The Telangana High Court recently put an end to a long pending dispute regarding the Asman Jahi Estate–belonging to a noble family from the erstwhile State of Hyderabad–after noting that the litigation in respect of non-existent properties had gone on 66 years. 

For context, the estate concerns the House of Paigah, a noble family belonging to the State of Hyderabad. Notably, Asman Jahi also served as Prime Minister of Hyderabad from 1887 to 1894. 

While considering the lawsuit concerning property disputes filed in 1958, a division bench comprising of Justice Alok Aradhe and Justice NV Shravan Kumar in its January 9 order said: 

“Though, a preliminary decree has been passed on 06.04.1959 based on a compromise decree, the litigation went in respect of non-existing properties for the last 66 years. In view of the observations made in the foregoing paragraphs and to put a quietus to the suit of the year 1958, we deem it appropriate to formally close C.S.No.7 of 1958”

The court stated that these properties are not available for division since their status is not clarified from the Revenue Department.

“In the instant case, admittedly, there is no material to indicate that the properties mentioned at serial No.230 to 254 of Schedule 'A' to the preliminary decree have been restored or released in favour of Asman Jahi Paigah.”

This dispute arose in 1953 when Sultana Jahan Begum, daughter of Nawab Moinuddowla Bahadur filed a suit for partition and possession of properties belonging to the Asman Jahi Paigah estate. A preliminary decree was passed in April 1959 based on a compromise between the parties through which the estate properties were divided among the heirs. In this case there disputes over 254 properties out of which majorly item 230-254 were being dealt with, which were characterized as 'Makhtas'. The compromise included the management of properties by court-appointed Commissioners/Receivers and required that item 230-254 would be partitioned only after they were released from the revenue department which were mentioned under para 4g of the preliminary decree.

The issues raised for the high court's consideration in this case included implication of prior reports submitted by the receiver cum commissioner, the validity of final decrees and the scope of the receiver's powers as held in - Shree Ram Urban Infrastructure Limited vs. Court Receiver, High Court of Bombay and its applicability in the present case. 

The scope and powers of the receiver cum commissioner and applicability of the Shree Ram Urban Infrastructure Limited vs. Court Receiver, High Court of Bombay (2015) was discussed by the court in which the Supreme Court had held that Court Receiver can hold the properties as custodia legis and can act in a manner as reasonable prudent trustees and such action on the part of the Court Receiver is nothing but for preservation of the property in question.

The high court stated that in the present case, the Receiver, reported that there was no property available for partition in item Nos.230 to 254 of Schedule 'A' of preliminary decree, and submitted that the applications filed for delivery of possession, in respect of properties which stood deleted from 'A' Schedule of the preliminary decree in terms of para 1(d) and para 4 (g) of the Application under Order 23 Rule 3 of C.P.C. The court concluded that since no property is available as per item Nos.230 to 254, the judgment of Supreme Court not applicable. 

“Having considered the rival submissions made by learned senior counsel on both sides and submissions of receiver cum commissioner, since the lands are not available physically, the parties may seek their appropriate remedy as available under law,” it said. 

The court said that the civil suit was closed and applications pending, shall be decided in the light of the observations made in this case.

Case title: Sahebzadi Sultan Jahan Begum vs. Nawab Zahir Yar Jung Bahadur

Case No: C.S.No.7 of 1958, Application No.24 of 2024

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