SYED LIAKAT HUSSAIN Vs. SYED KAZIM HUSSAIN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal which is filed by the defendants, arises out of C.S. No. 13 of 1958 on the file of the Original Side of this High Court.

(2.) The action was raised for partition of the matruka properties of late Nawab Salar Jung and for a share in the commutation, amount relating to the Jagirs of the said Nawab. Originally there were only 17 defendants, of whom defendants 14, 15, 16 and 17 are the State of Hyderabad (now Andhra Pradesh), the Union of India, the Salar Jung Estate Committee and the Jagir Administrator, Government of Hyderabad (now Andhra Pradesh) and this number had increased to 110 from time to time. Ultimately, the suit ended in a compromise in terms of which a decree was directed to be issued on 5th March, 1959. There were five compromises in all. The first compromise was entered into on 29th September, 1956, between the plaintiff and defendants 1 to 13 on the one hand and defendants 18 to 39 and 41 to 73 on the other. Under this compromise, defendants 33 to 39 including the present appellants who are defendants 36, 37 and 38 were to get jointly a four pies share in the properties of every description moveable and immoveable owned or possessed by the said Nawab and in the commutation amount payable in respect of the jagirs held and possessed by the said Nawab. Under that compromise, the plaintiff and defendants 10, 22 and 72 shall, acting by a majority with a casting vote for defendant 10 in the event of the said persons being equally divided in opinion, have full power and unfettered discretion in regard to matters enumerated in clauses (a), (b) and (c) of No. 4 which will be set out in the proper context. It was also provided that all decisions and steps taken by them would bind the other parties thereto. Another term of the compomise which is relevant here is as follows :-

(3.) There was another compromise on the nth of September, 1957, arrived at between the plaintiff for himself and on behalf of defendants I to 11, 13, 21 to 39 and 41 to 73 on the one side and defendants 74 to 110 on the other, by and under which the share of one pie in the matruka properties and the commutation amount of defendants 74 to no was recognized. In this compromise, tne earlier one was affirmed. Subsequently, there were two compromises which resulted in the recognition of the shares of some of the defendants and in reduction of the shares of some of the parties. Lastly, tnere was a compromise, dated and December, 1958, which is the final one and which was signed by all excepting defendant No. 88 who was held to be bound by that compromise for reasons which need not be mentioned here. This compromise bears reference to the previous ones. It was recited in this compromise as follows :-