MIR KHAIRUDDIN Vs. BHUJANG

JUDGEMENT

(1.) Heard. Rule. At the joint request of the parties, the matter is taken up for final disposal.

(2.) The petitioners claimed that the lands Gut No.264 to 267 and 270 of Village Takli (Bardapur), Tq. and District Latur are the Service Inam Lands. Their father Mir Habibuddin was performing the service of yearly Niyaz (Fateha) of Janab Rasul-e-Kareem (sel-ali-sallam). He expired on 5. 10.1986. After his demise they have been performing the service. By moving application before Atiyat Deputy Collector, Latur they claimed succession. By the order dtd. 28/1/1992, the application was allowed. Succession was granted in their favour. One of them was declared as Inamdar, whereas, other six were declared as sharers.

(3.) The respondent No.1 Bhujang, respondent No.2 Mainuddin and respondent No.3 Subabai challenged the order of the Atiyat Deputy Collector before the Atiyat Collector, Latur, under Sec. 11 of the Hyderabad Atiyat Inquiries Act, 1952, contending that the lands were given to Habibuddin as Madad Mash and it was abolished in view of the provisions of Hyderabad Abolition of Inams and Cash Grants Act, 1954. By the judgment and order dtd. 21/9/1992 the appeal was allowed and the order of Atiyat Deputy Collector was set aside.