BURUGUPALLY SHIVA RAM KRISHNA Vs. CYRUS INVESTMENTS LTD

JUDGEMENT

(1.) This application is filed under Rule 18 of Order XX, read with Section 151 C.P.C., by the three petitioners, who are said to be assignees of defendant No.206 in CS No.14 of 1958, in respect of 116 acres of land. They pray for a final decree in their favour in respect of the said land, which is part of item No.37 of Schedule-IV, annexed to the preliminary decree.

(2.) The averments in the affidavit filed in support of the application in brief, are that, the suit was filed by one, Dildarunnisa Begum, for partition of Mathruka properties of Nawab Khurshid Jah, in the City Civil Court, Hyderabad, and later, it was withdrawn to this Court. THE Jagir Administrator and State of Andhra Pradesh, that figured as defendant Nos.43 and 53 respectively, opposed the suit and ultimately, a preliminary decree was passed on 28.6.1963, determining the entitlement of the sharers. According to them, 80% of the shareholders, including the plaintiff and several defendants sold away their undivided share, as per the preliminary decree through a registered document in favour of H.E.H. the Nizam, and his brother-in-law-/Vawab Khasimnavaz Jung in the year 1965, and on an application made by the purchasers, they came to be impleaded as defendant Nos.151 and 157 on 20.8.1964. H.E.H. the Nizam, is said to have sold his rights under the document, and share in favour of M/s F.E. Dilshaw Limited, a Company, through a sale deed dated 23.2.1967, and thereafter the Company was impleaded as defendant No.206, vide order dated 10.3.1969. THE Company later on was reconstituted as M/s Cyrus Investments Limited and the change was recognized by this Court vide order dated 9.3.1979. THE petitioners state that the Receiver/ Commissioner appointed by this Court divided the suit schedule property between various sharers and the shares that have jointly fallen to defendant Nos.156 and 206 were also divided into two equal shares, which included the lands in Hafeezpet and Hayathnagar Villages. THE land in Sy.No.80 of Hafeezpet, viz., item No.37 of Schedule-IV of the decree, is one such item, allotted to defendant Nos.156, 157 and 206. After referring to certain other developments, it is stated that the Receiver/Commissioner has further divided the land between defendants 157 and 206, and the latter is said to have assigned its interest, right and title in favour of M/s Goldstone Engineering Limited, on 29.11.1995, which in turn, was impleaded as defendant No.320, and it is from the said Company, that the petitioners claim rights.

(3.) The Government of Andhra Pradesh has also opposed the application by raising several contentions, touching on the validity of the decree itself.