MIR GULAM GHOS MOHMADKHAN VALDE SARDAR MIR HAFIZUDIN AHMEDKHAN Vs. HOLEDIN SAYAID MAHEBOOB ALIKHAN VALDE NAVAB SAYAID ABDUL HAQ DALERUL MULK OF BROACH

JUDGEMENT

(1.) This appeal arises out of the suit filed by the original Plaintiff Holedin Sayaid Meheboob Alikhan (since dead) in the Court of Civil Judge Senior Division at Surat for obtaining a declaration that he has got a right to withdraw the amount of Rs. 33 681.35 out of the total amount of Rs. 1 84 177.3 deposited by the Government in Land Reference Case No. 46 of 1961 in the same Court. The amount of Rs. 1 84 177.3 is the amount which is awarded for the acquired land bearing survey Nos. 1651 1707 and 1711 of Ward No. 4 at Surat. The deceased Plaintiff was admittedly not a party to the above referred compensation proceedings and therefore he has filed this suit to obtain his share in the said amount.

(2.) In order to understand the disputes involved between the parties in this appeal it will be necessary to state shortly a few facts which form the back ground. These facts areas under:- It is an admitted fact that the above referred Survey Numbers which are acquired under the provisions of Land Acquisition Act originally belonged to Navab Sardar Mir Muzafarhusen Khan who is admittedly the common ancestor of the parties. Out of these three survey numbers there was a building on Survey No. 1707 which is referred to in the proceedings before the Trial court as Mahel meaning Palace. The remaining two survey numbers namely 1651 and 1711 constitute the land sorrounding this Palace. The record of the case shows that Sardar Mir Muzafarhusen Khan (who is hereinafter shortly referred to as the deceased Navab) was staying in this Palace along with his family. This Navab was also the owner of an Inam village known as Utiyadara and was receiving income of the agricultural lands of this village.

(3.) On 6th September 1929 the deceased Navab made a Wakf salaulad of his above referred two properties namely Palace situate at Surat along with his adjoining lands and the agricultural land belonging to village Utiyadara. We shall refer to the terms of the settlement of Wakf at a later stage.