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1968 Supreme(SC) 234

K.S.HEGDE, R.S.BACHAWAT, S.M.SIKRI
BEGUM SURIYA RASHID – Appellant
Versus
State Of M. P. – Respondent


Judgment

Bachawat, J.- General Obaidullah Khan was the second son of Nawab Sultan Jehan Begum, the Ruler of Bhopal. The Bhopal ruler granted a jagk as also muafi lands to Obaidullah Khan. The land known as kali parade in village Chhola was granted under the sanad muafi dated April 10, 1916 in exchange for another land. The land known as Ban Ganga was granted under the sanad muafi dated November 23, 1919. The jagir and the muafi grants were expressed to be for "naslan-bad-naslan" and "batnan-bad-batnan" (descendant after descendant and generation after generation). Obaidullah Khan died in 1924 leaving behind him his two sons Saiyed-ul-Zafar Khan and Rashid-uz-Zafar Khan. On his death a question arose whether his lands should be attached, but under the express orders of the Bhopal darbar his heirs were allowed to continue in possession except for 3 years during which the muafi lands and the jagir were managed by the Surfe-Khas, the department managing the personal property of the Ruler. Saiyed-ul-Zafar Khan died in 1945. An application for the grant of a fresh sanad was made as early as 1927 but no action was taken until 1946. Under orders of the Ruler a fresh sanad was issued on Febr








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