Judgement

MUKHERJEA, J.: This appeal, which has came before us on a certificate granted by the High Court of Hyderabad under Art. 132(1) of the Constitution is directed against a judgment of a Full Bench of that Court dated 7-11-1950 passed on a petition under Art. 226 of the Constitution. By this judgment the learned Judges of the High Court declared an Act, known as Waliuddowla Succession Act of 1950, void under Art. 13(2) of the Constitution to the extent that it affected the rights of the present respondents 1 to 12 who were the petitioners in the Art. 226 proceeding. The object of the impugned Act, which received the assent of H. E. H. the Nizam as Rajpramukh of Hyderabad on April 24, 1950, was to put an end to the disputes that existed at the time regarding succession to the Matrooka or personal estate of Nawab Waliuddowla, a wealthy noble man and a high dignitary of Hyderabad, and what, in substance, the Act provided was to dismiss the claims of succession to the said properties put forward by two of the alleged wives of the late Nawab named Mahboob Begum and Kadiran Begum and their children. These two ladies as well as their children filed a petition before the Hyderabad High Court under Art. 226 of the Constitution challenging the validity of the Act mentioned aforesaid inter alia on the grounds that it conflicted with the petitioners fundamental rights guaranteed under Articles 14, 19(l) (f) and 31(1) of the Constitution and praying far appropriate reliefs by way of declaration and writs of certiorari and prohibition. The claim was resisted by Ameerunnissa Begum an admitted wife of the late Nawab, and her children and they are the persons who would primarily be by the provisions of the impugned Act. The High Court substantially accepted the contentions of the petitioners and declared the Act to be void so far as it affected them Against this decision the present appeal has been taken to this Court by Ameerunnissa Begum and her children.

2. To appreciate the contentions that have been raised by the parties, a brief resume of the antecedent events leading up to the passing of the disputed legislation would be necessary.

3. Nawab Waliuddowla, who was one of the Paigah noblemen of Hyderabad and was at one time the President of the Executive Council of the State, died at Medina on 2-2-1935 while on a pilgrimage to Hedjaz. Besides extensive jagir properties appertaining to the Paigah which fetched him an annual income of nearly Rs. 1,36,000 he left behind him Matrooka or personal estate of considerable value. As regards the surviving relations of the Nawab, who could claim rights by inheritance to his estate, it is not disputed that Ameerunnissa Begum was one of the legally wedded wives of the Nawab and that she and the five children which the Nawab had by her are entitled to their legitimate shares in the properties left by the deceased. There is also no dispute that the Nawab went through a legal marriage with a lady named Fatima Begum who is still alive. It appears, however, that she left her husband soon after marriage and did not return to him any time thereafter. During the period, which is material for our present purpose, the only claim which she put forward against the estate of the Nawab was one for recover of her dower debt amounting to one lakh of rupees. The whole dispute between the parties to this litigation really centered round the point as to whether the other two ladies, namely, Mahboob Begum and Kadiran Begum, who are respectively respondents 1 to 5 in this appeal, were the lawfully married wives of the late Nawab or were they merely in his keeping as kavases or permanent concubines? If there was no legal marriage between them and the Nawab, it is not disputed that their children, though admittedly begotten on them by the Nawab, would not be entitled to any share in the Matrooka or personal estate left by the deceased.

4. This dispute first arose before the Paigah Trust Committee whose duty it was