( 1 ) PURSUANT to the order of the Supreme Court dated 14 -9-1978 in Civil Appeals Nos. 1105, 1245 and 1269 of 1978 on its file, C. M. A. No. 147 of 1978 is restored to the file of this Court and had come up before us for deciding afresh the principal issue i. e. whether or not there has been a valid and concluded contract of sale between H. E. H. the Nizam Jewellery Trust on the one hand and the respondents 7 to 17, the various tenderers, on the other hand.

( 2 ) WE may briefly state the material facts, which lie in a narrow compass and gave rise to the submission of our finding to the Supreme Court. The late H. E. H. the Nizam of Hyderabad, Nawab Mir Sir Osman Ali Khan Bahadur had executed a trust deed on 29/03/1951 true copy of which is Ext. A-1, creating the trust called H- E. H, the Nizams Jewellery Trust (hereinafter referred to as the Trust) in respect of 107 items of valuable and rare Jewellery belonging to him, for the benefit of his (1) two sons (i) Prince Azam Jah and (ii) Prince Muzzam Jah: (2) two grandsons (i) Prince Moukkarram Jah and (ii) Prince Muffakam Jah; (3) two grand daughters (i) Fatima Fouzia and (ii) Amina Narzia (4) daughter Shahazadi Begum an