MUFFAKHAM JAH Vs. PRINCE MUKARRAM JAH

JUDGEMENT

(1.) This revision petition is directed against me order dated 10-7-1992 in O.P.No.564 of 1992 on the file of the Chief Judge, City Civil Court, Hyderabad.

(2.) Petitioners filed O.P.No.564 of 1992 under Section 34 of the Indian Trusts Act, 1882 (hereinafter referred to as 'the Act') praying for appointment of a Court Commissioner to inspect the sacred relics mentioned in the schedules to the H.E.H. the Nizam's Sacred Relics Trust deed and the H.E.H. the Nizam's Supplemental Sacred Relics Trust deed including the accretions and additions thereto located in the building known as 'Bari Devadi, Khilwath Mubarak', Hyderabad and make an inventory thereof. A further direction was also sought to the trustees to strictly confine to the directions specified in Clause 6 of the H.E.H. the Nizam's Sacred Relics Trust and to restrain the employees of the 1st respondent from interfering with the duties of the trustees.

(3.) The main greivance as made out by the petitioners before the Original Court, in brief, is as under:- The late H.E.H. the Nizam VII Nawab Sri Mir Osman Ali Khan Bahadur, the then ruler of Hyderabad State created trusts known as "H.E.H. the Nizam's Sacred Relics Trust, dated 2-11-1950" and "H.E.H. the Nizam's Supplemental Sacred Relics Trust, dated 27-1-1952" for purposes of performing certain religious ceremonies and holding of religious discourses during the mourning period of Muharrum, Safar and Ramadhan and for preserving the sacred relics permanently. The settler appointed himself and two others named in the trust deeds as the trustees of both the trusts and transferred the sacred relics mentioned in the schedules thereto to the trustees in trust, with the aforesaid object and also laid down the code of succession to the office of the trustees. The trustees have been administering the trusts, and the sacred relics are kept and secured in the premises known as 'Bari Devadi, Khilwath Mubarak', Hyderabad under watch and ward. The settler died on 24-2-1967 and the trustees appointed the reafter from time to time were managing the said trusts. Under Clause 6 of the trust deed dated 2-11-1950,itisprovided that on the twelfth day of Muharrum of each Hijri year, the turstees shall meet together and check the sacred relics lying in Bari Devadi, so as to verify that they along with the articles added to them from time to time are intact and kept safe. The said clause also applies to the sacred relics covered by the trust deed dated 27-1-1952 and the trustees have been implementing the said directives of the settler. Petitioners and respondents are the present trustees. The fifth trustee, one Col.B.H. Zaidi of Delhi, died recently.