2002 Supreme(All) 129
B.K.ROY, S.K.JAIN
TALAT FATIMA HASAN – Appellant
Versus
NAWAB SYED MURTAZA ALI KHAN (DIED PENDENTE LITE) – Respondent
Advocates Appeared:
B.D.Mandhyan, B.D.Sharma, Durrez Ahmad, MURLIDHAR, R.D.Gupta, R.P.SINGH, Ran Vijay Singh, S.S.RAY
Judgement Key Points
- The special appeal challenges the dismissal of a partition suit filed by plaintiff-appellant Talat Fatima Hasan regarding movable and immovable properties left by late Nawab Syed Raza Ali Khan. [25000027460001] (!)
- The suit was originally filed in 1972 in the Court of Civil Judge Rampur and later assigned to a single Judge due to delays. [25000027460002]
- Late Nawab Syed Raza Ali Khan, ruler of Rampur State, merged the state with India via agreement dated 15-5-1949 effective 1-7-1949, retaining full ownership of private properties listed in an inventory. [25000027460002][25000027460003][25000027460035]
- The late Nawab, a Shia Muslim, died intestate on 6-3-1966; plaintiff claims inheritance under Muslim Personal Law (Shariat) Application Act, 1937, with shares devolving as 55,296 Sihams among heirs including widows, sons, and daughters. [25000027460003][25000027460030][25000027460031]
- Post-deaths of some heirs, amended shares as of 4-2-1994 list plaintiff at 1120 Sihams and various defendants with specified shares totaling 55,296 Sihams. [25000027460004]
- Defendant No. 1, eldest son Nawab Syed Murtaza Ali Khan (died pendentelite), was recognized by President under Article 366(22) as ruler effective 7-3-1966, claiming succession to all properties under rule of male lineal primogeniture as part of impartible Gaddi. [25000027460005][25000027460007][25000027460036]
- The 1966 recognition certificate was quashed by Delhi High Court (affirmed by Supreme Court), and later recognition withdrawn post-abolition of privy purses. [25000027460005][25000027460006]
- Merger agreement (Article IV) entitled Nawab to private properties distinct from state properties; Article VI guaranteed succession to Gaddi and personal rights according to law and custom. [25000027460035]
- Defendants argue no distinction pre-merger between state and private properties; succession to Gaddi and all properties by primogeniture, not Muslim Personal Law; late Nawab created trusts, jagirs, pensions for junior family members. [25000027460007][25000027460008]
- Plaintiff pleads post-merger, properties are private and governed by Shariat Act; Gaddi succession distinct from private property inheritance; benefits like trusts are separate. [25000027460012]
- Single Judge held properties impartible, succession by primogeniture to eldest son excluding others; suit dismissed. [25000027460014]
- Key issues: applicability of primogeniture/impartibility to Muslim ruler's private properties post-merger; whether Shariat Act overrides custom; if Gaddi includes private properties. [25000027460015]
- Shariat Act, Section 2 mandates Muslim Personal Law for intestate succession notwithstanding contrary custom, but court holds primogeniture/impartibility as law under Article 372, not mere custom abrogated by Shariat Act. [25000027460020][25000027460032][25000027460050]
- Section 37 of Bengal, Agra, Assam Civil Courts Act, 1887 does not bar pleading primogeniture/impartibility as they are antecedent to succession or established law, not mere custom. [25000027460020][25000027460021][25000027460022]
- Admissions under Order 10 Rule 2 CPC confirm custom of eldest son succeeding to Gaddi as heir apparent in Rampur. [25000027460058]
- Merger did not alter character of properties as part of impartible Gaddi; private properties retained by late Nawab continued as such; succession opened on 6-3-1966 governed by primogeniture. [25000027460035][25000027460044][25000027460050][25000027460051]
- Rule of primogeniture and impartibility apply to rulers' properties (including private) regardless of religion; devolves from ruler to successor without hiatus. [25000027460050][25000027460051][25000027460057]
- Trusts, grants like Raza Trust support primogeniture theory but do not bar suit; plaintiff has no inheritable share. [25000027460007][25000027460051][25000027460052][25000027460057]
- Appeal dismissed; no costs. [25000027460052]
- Concurring opinion affirms single Judge findings; Gaddi includes private properties; succession by single heir under pre-merger custom/law per merger agreement. (!) [25000027460055][25000027460057][25000027460070]
S. K. JAIN, J.
( 1 ) THE present special appeal has been preferred against the judgment and order dated 31-7-1996 whereby the learned single Judge dismissed the suit for partition filed by the plaintiff appellant Talat Fatima Hasan.
( 2 ) THE suit for partition of moveable and immovable properties left by late Nawab syed Raza Ali Khan, Nawab of Rampur, rendition of accounts of income, profits, usufructs and benefits from the said property, and decree for pendentilite and future mesne profits, was filed by the plaintiff appellant in the Court of Civil Judge Rampur in the year 1972. As the proceedings in the suit could not make progress for over twenty years, on the recommendation of the Honble Inspecting Judge for Rampur Session Division, Honble Chief Justice vide his order dated 2-1-1995 assigned the suit to the bench of learned single Judge.
( 3 ) IN short the pleading of the plaintiff are that late His Highness, Maj. Gen. Sir Syed Raza Ali Khan Sahib Bahadur (hereinafter referred to as the late Nawab") was the ruler of erstwhile Rampur State in U. P. By an agreement dated 15-5-1949, the late Nawab transferred the entire administration of the Rampur State to the Government of Indi
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