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2014 Supreme(AP) 1183
IN THE HIGH COURT OF ANDHRA PRADESH AT HYDERABAD
R. Subhash Reddy and A. Shankar Narayana, JJ.
Nawab Mir Jafar Ali Khan – Appellant
Vs.
Syed Khaja Hussaini and Ors. - Respondent
Original Side Appeal 47 of 2013
Decided On : 29.04.2014
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: J. Rama Mohan Rao
For Respondents/Defendant: K. Rama Krishna Reddy for T. Sudhakar Reddy
Headnote:
Special Sessions Judge for SC & ST (POA) Act - A.P. Forest Act, 1967 – Civil Procedure Code - Section 151 - Order XXIII Rule 3 - Suit is for partition and possession - Movable and immovable properties - In terms of Memorandum of Compromise - Claim petition - Forest Settlement Officer - Original Side Appeal is filed clause of Letters Patent by Defendant In suit in pending before this Court aggrieved by order - Application is filed by respondents Order Rule CPC to record compromise and pass final decree in respect of lands admeasuring guntas in village Revenue Mandal Reddy District as per sale deed document - Regulation committee by name Estate Committee was formed headed by a Chairman and four members to deal with all members pertaining to Estate properties - Estate and a preliminary decree was passed and thereafter a warrant appointing a Receiver-cum-Commissioner was issued for effecting partition of all properties which were held to be available for partition amongst heirs and successors – Held, Counsel appearing for respondents has defended allegations of fraud on ground that allegations are not sufficient to record a finding of fraud and in support thereof relied on a judgment of Hon’ble Supreme Court in and another - In said judgment it is held that general allegations are insufficient even to amount to an averment of fraud of which any court ought to take notice however strong language in which they are couched may be, and same applies to undue influence and coercion – However said judgment will not render any support to case of respondents because in this case are convinced that allegations of fraud are specific and not vague and general and sufficient material is placed before this Court in support thereof - On other hand in judgment in as relied on by counsel appearing for the imp leaded respondents Hon’ble Supreme Court at of judgment held - Appeal allowed (Para 28)
R. Subhash Reddy, J.
1. This Original Side Appeal is filed under clause 15 of the Letters Patent, by Defendant No. 111 in the suit in C.S. No. 13 of 1958, pending before this Court, aggrieved by the order dated 25.09.2013 passed by the learned single Judge in Application No. 1054 of 2010 in C.S. No. 13 of 1958.
2. The aforesaid application is filed by respondents 1 to 4 herein (hereinafter referred as "applicants") under Order XXIII Rule 3, Order XX Rule 18read with Section 151 CPC, to record compromise dated 01.10.2010 and pass final decree in respect of the lands admeasuring Ac. 30.00 guntas in Sy. No. 201 of Sahebnagar Kalan village, Hayathnagar Revenue Mandal, Ranga Reddy District, as per the sale deed document No. 11581/1980 dated 22.10.1980 on the file of the District Registrar, Hyderabad, in favour of Applicant No. 1 and to pass final decree in favour of Applicant No. 2 in terms of Memorandum of Compromise dated 01.10.2010 in respect of the lands admeasuring Ac. 30.00 guntas in Sy. No. 201 of Sahebnagar Kalan village, Hayathnagar Revenue Mandal, Ranga Reddy District, as per the sale deed document No. 11618 of 1980 dated 23.10.1980 on the file of the District Registrar, Hyderabad and to pass a final decree in favour of Applicant No. 3 in terms of Memorandum of Compromise dated 01.10.2010 in respect of land admeasuring Ac. 10.00 guntas in Sy. No. 201 of Sahebnagar Kalan village, Hayathnagar Revenue Mandal, Ranga Reddy District, as per the sale deed document No. 11630/1980 dated 24.10.1980 on the file of District Registrar, Hyderabad and to pass a final decree in favour of Applicant No. 4 in terms of Memorandum of Compromise dated 01.10.2010 in respect of land admeasuring Ac. 30.00 guntas in Sy. No. 201 of Sahebnagar Kalan village, Hayathnagar Revenue Mandal, Ranga Reddy District as per sale deed document No. 11580/1980 dated 22.10.1980 on the file of the District Registrar, Hyderabad.
3. The aforesaid application is filed, supported by an affidavit filed by Applicant No. 1, with the following averments:
i) Mir Yousuf Ali Khan, popularly known as Nawab Salar Jung-III, died intestate on 02.03.1949 at Hyderabad, leaving behind vast extents of movable and immovable properties in the form of Royal Grants, Jagirs, Seriat lands, Jaat Jagirs and self-purchased landed properties. After the demise of Salar Jung-III, by Regulation No. 34/1949, a committee by name Salar Jung Estate Committee was formed, headed by a Chairman and four members to deal with all members pertaining to the Estate properties. A civil suit, C.S. No. 13 of 1958, was filed in this Court by one of the heirs by name Syed Hasan against Syed Kazim Hussein and 115 others for partition of all movable and immovable properties of the Salar Jung Estate and a preliminary decree was passed on 05.03.1959 and thereafter a warrant appointing a Receiver-cum-Commissioner was issued on 05.05.1959 for effecting the partition of all the properties which were held to be available for partition amongst the heirs and successors.
ii) Pursuant to the orders of this Court, the Receiver-cum-Commissioner took possession of the movable and immovable properties. In Application No. 417 of 1961 dated 09.02.1962, final decree was passed holding that, in special circumstances, the Court may direct passing of more than one final decree.
iii) The properties known as Nuzul lands were not dealt with under the final decree and subsequently specific orders were passed in Application No. 82 of 1962 dated 22.03.1962, directing the Receiver-cum-Commissioner to prepare a scheme of partition of Nuzul lands.
iv) Pursuant to such orders passed by this Court, the Receiver-cum-Commissioner filed an affidavit and report dated 20.06.1963 confirming allotment and handing over of constructive possession of the shares of respective parties of Nuzul lands and defendant No. 2 by name Syed Ahmed was allotted land admeasuring Ac. 100.00 guntas in Sy. No. 201 of Sahebnagar Kalan village.
v) Applicant Nos. 1 to 4 cl
