L. NARASIMHA REDDY, J.

( 1 ) THESE applications are listed before this court for orders on office objections.

( 2 ) THE applications are filed for the relief of passing a final decree in c. s. No. 13 of 1958, in relation to various extents of land, referred to in the respective applications. The registry raised three objections, namely, (a) that the parties to the suit be impleaded as respondents in the applications; (b) requisite stamps for engrossing the final decree be filed, and, (c) the government, through its revenue department, be made as parties. The applications were re-presented by the counsel for the petitioners, by stating that the property, in respect of which the final decree is sought for, was already allotted in favour of defendant No. 2, and since the parties are claiming through defendant No. 2, it is not necessary to implead other defendants in the suit. They undertook to file the stamps for engrossing the stamp duty, after the final decree is passed. As regards the 3rd objection, it was stated that the suit was withdrawn against defendants 14, 15, 16 and 17, namely, the government of a. p. , union of india, salar jung estate, and jagir administrator. Hence, it is not necessary to implead them.

( 3 ) LEARNED counsel for the petitioners addressed extensive arguments, touching on the merits of the matter, by referring to the various orders and decrees passed by this court, as well as the other material on record.

( 4 ) ONE syed hassan filed c. s. No. 13 of 1958 in this court, for partition of the properties of nawab salar jung-iii; for possession of his share of the property, and for a declaration, as to his right to receive the share of commutation paid or payable, in respect of the jagir held by nawab salar jung-ill. As in the case of similar suits, namely, c. s. No. 7 of 1959 and c. s. No. 14 of 1958, in this suit also, the parties entered into a compromise, and on the basis of the same, a preliminary decree was passed on 5-3-1959. One Sri najaf ali khan, retired secretary to government was appointed as the receiver of the suit property and to take further steps in the matter. A final decree was passed in appl. No. 417 of 1961 through order dated 9-2-1962. All the properties, including lands, buildings, jewellery, fairam, vehicles were partitioned among the parties. However, the right to collect nuzul (rents) on certain properties known as nuzul lands (leased lands) in hyderabad and aurangabad, was not partitioned, on the ground that such lands were proposed to be handed over to the tenants permanently, in lieu of fixed compensation. Further steps in that direction were deferred. The relevant portion of the order in appl. No. 417 of 1961 reads as under:"nuzul lands both in hyderabad and aurangabad could not be partitioned as they were proposed to be handed over to tenants permanently in lieu of fixed compensation amounts (vide application No. 328/59 dated 27-7-1959 ). A considerable number of nuzuldars, as would appear from the administration report, have obtained certificates by payment of the required amounts. "in conclusion, it was observed:"ordinarily there will be only one final (decree) in a suit. But, special circumstances may require the passing of more than one final decree in the same suit. In the present suit, as the property yet to be disposed of is, to a large measure, earmarked for the expenses to be met and the court-fee to be paid, i do not think it necessary to stay delivery of the partitioned property till all the properties are sold. This may involve unnecessary burden on the partition, for, as it is the monthly expenses alone incurred for the establishment of the receiver s (office) itself will be not less than Rs. 15,000/- per month. The delivery of possession of almost all the movable and immovable properties which are distributed among the parties will relieve considerably the estate from this burden. The final decree therefore may be directed to be drawn. If found necessary, the draw

Click Here to Read the rest of this document