MOHSINALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By a firman, dated October 25, 1934. Nawab Sir Hamidullah Khan, the then Ruler of Bhobal State, in appreciation of the long and distinguished services of Sir Liaqat Ali gave to the latter, in addition to the grant of pensions, the residential house in question as "inayat ataa". Sir Liaqat who was already residing in this house, continued therein till he died, issueless and widowless, in March 1947. One Syed Mohammed Ali who was the son of Sir Liaqat's father's sister also used to reside in this house with the deceased. After Sir Liaqat's death. Syed Mohammed Ali continued in occupation of this house as one of the nine heirs of the deceased, till he was "forcibly and unlawfully" ejected in May 1947 by the then Government of Bhopal. Paying a "deaf-ear" to the repeated demands of Syed Mohammed Ali for restoration of possession, the Government "peristed in the act of trespass" and continued in illegal possession of the house. After his ouster, Syed Mohammed Ali also died sometime in 1947.

(2.) On April 30, 1947, the Nawab of Bhopal signed the Agreement of Merger and the State of Bhopal was taken over by the Chief Commissioner on behalf of the Government of India on June 1, 1949. Thereafter, on November 1, 1956 the territory of the former Bhopal State became a part of the re-organized State of Madhya Pradesh.

(3.) On August 21, 1957, after serving a notice under Section 80, Code of Civil Procedure, the plaintiffs 1 to 3, who are the son, daughter and widow, respectively, of Syed Mohammed Ali, it instituted the suit against the State of Madhya Pradesh for recovery of possession of the house on the footing that under the firman, it had been gifted absolutely by the Nawab to Sir Liaqat Ali who died possessed of it as full owner and on the donee's death, it was inherited by Syed Mohammed Ali who, in turn was succeeded by the plaintiffs. It was further pleaded that Syed Mohammed Ali was "forcibly and unlawfully" dispossessed by the Government in May 1947.