( 1 ) THIS application is filed under Section 151 Civil Procedure Code (C. P. C), by the legal representatives of defendant Nos. 3, 4, 5, 6, 7, 9, 10, 11, 18, 19, 20 and 22, in C. S. No. 7 of 1958, for the relief of a direction to the Receivers-Cum-Commissioners, to distribute the land of an extent of Ac. 16-16 guntas, situate in Survey No. 56/1p, 57, 59/1p, 59/3 and 59/4 of Kakaguda Village, Tirumalaghery Mandal, among the share holders, in terms of the preliminary decree.

( 2 ) THE applicants have pleaded the following facts:- c. S. No. 7 of 1958 was filed in this Court, for the relief of partition and separate possession of Matrooka properties of late Nawab Moin-ud-Dolah Bahadur, and late Asman Jah Bahadur, shown in the schedule to the suit. A preliminary decree was passed on 06. 04. 1959, on the basis of a compromise, entered into, among some of the parties. The manner of distribution of various items of properties, was indicated in the preliminary decree. However, item Nos. 230 to 254 of Schedule A, which are Makhtas, were directed to be dealt with, depending on the outcome of the proceedings before he appellate authority, under the Jagir Abolition Regulation, 1958 (for short Regulations ). The preliminary decree inter alia provided for, division and distribution of the suit schedule properties, in item Nos. 1 to 229 of A schedule among defendant Nos. 2 to 12 and 14 to 22 in such a way that each son shall get the share of 2/33, and each daughter shall get the share of 1/33.

( 3 ) ITEM Nos. 230 to 254 of A schedule are Makhta Villages. Appeals were pending before the Board of Revenue, by that time under the Regulations. Defendants 2 to 22 were held to be entitled to get the arrears of income, future income, compensation, commutation or sale proceeds of those items, as and when they are restored in favour of the Asman Jahi Paigah. The shares, for this purpose were stipulated at 2/35 for each son, and 1/35 for each daughter. According to the applicants, the validity of the proceedings in relation to the lands in item Nos. 230 to 254 of A schedule, was the subject matter of Writ Petition Nos. 632 and 768 of 1960 filed by Nawab Zaheeryajung, and in view of the judgment therein, rendered by a Division Bench of this Court, on 30. 3. 1964, proceedings initiated against item Nos. 230 to 254 under the Regulations, have virtually abated. On this premise, it is claimed that the land in Kakaguda village, which figures as item No. 239 in A schedule, particularly the on in Sy. Nos. 56/1p, 57, 59/1p, 59/3 and 59/4, admeasuring 16-16 guntas, is liable to be partitioned among the parties to the suit, in terms of preliminary decree.

( 4 ) RESPONDENTS 1 and 2 are the Receiver-cum-Commissioners, appointed by this Court in the suit. Respondents 3 to 36 are the legal representatives of deceased defendant Nos. 2,3,4,6,9,10 and 13. Defendants 17 and 21 are impleaded as respondent Nos. 37 and 38 respectively. Respondent No. 39 is the Government of Andhra Pradesh, respondent No. 40 is the Jagir Administrator and the District Collector, Hyderabad, is impleaded as respondent No. 41. Since resistance to various s steps, said to have been taken by the receiver, has been from the Military and Cantonment authorities, they are impleaded as respondent Nos. 42 to 47.

( 5 ) THIS application is opposed by respondents 42 to 47 alone. According to them, the application is not maintainable, for more reasons than one, such as the absence of a final decree, bar under limitation, application not being in conformity with the preliminary decree, non-description of the property in the suit schedule. It is their case that an extent of Ac. 45-12 gts. in Survey Nos. 56/1p, 57, 59/1p, 59/3 and 59/4 of Kakaguda village, was under the control of the British Army, ever since 1340 Fasli (Corresponding to 1931), and after the Nizams Rule ended, in the erstwhile state of Hyderabad, the land came under the control of Indian Army. It is stated that barracks, family accommodation

Click Here to Read the rest of this document