SYED FATEYAB ALI MEERZA Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner is the brother of Waris Ali Meerza, the third Nawab Bahadur of Murshidabad, who died sometime in 1969. The case of the petitioner is that he claims to be the present Nawab Bahadur of Murshidabad and Amir-ul-Omrah by virtue of succession from Syed Hassan Ali Meerza, the last Nawab Nazim of Bengal, Bihar and Orissa and the first Nawab Bahadur of Murshidabad as per the following genealogical table :- The petitioner's great grandfather Faridoon Jah Syed Mansoor Ali Khan was the Nawab Nazim of Bengal, Bihar and Orissa and was an independent ruler of Subah-e-Bangala and the owner of moveable and immoveable properties including personal stipend payable by the then Government of India under treaty rights. The Estate of the said Nawab Nazim included a large palace at Murshidabad named as Hazar Duari and other places in Bengal, Bihar and Patna and the present premises No.85, Park Street, Calcutta. Besides the said estate included articles of art, curio, antique and pictures lying in Hazar Duari. By a registered Deed of Gift dated 14th January, 1874 the said Nawab Nazim abdicated and relinquished all his rights, titles and interests appertaining to his Nawabship in favour of his elder son, Syed Hassan Ali Meerza, who thereupon succeeded his father as the Nazeem of Bengal, Bihar and Orissa. Certain differences arose between Syed Hassan Ali and the then Government of India in respect of matters appertaining to position, status and affairs of the Nawab Nazeem and the members and the dependents of his family but ultimately those differences were settled between Syed Hassan Ali and the Secretary of the State for India-in-Council on terms recorded in an Indenture made on 12th March, 1891. In the said Indenture of 1891 the titles of Nawab Bahadur of Murshidabad and Amirul-Omrah was granted to Syed Hassan Ali by the Viceroy and Governor-General. The said titles carried with them the precedent, rank and privileges and were descendible to the lineal male heirs of the said Syed Hassan Ali according to the custom of primogeniture. It was also agreed in the said Indenture that for the purpose of support and maintenance of the owner and dignity of the Nawab Bahadur of Murshidabad and the Amir-ul-Omrah he would receive: (a) an annual payment of Rs. 2,30,000.00 from the then Government of India; (b) the income of immovable properties in the First and Second Schedules which included Hazar Duari; and (c) the income of immoveable properties mentioned in the 3rd Schedule i.e. as purchased with the sale proceeds of the jewels.

(2.) According to the petitioner it is further stated that the said Indenture also contained that the maintenance and support of the aforementioned titles and positions and stations thereto attaching and of the honour and dignity thereof, the said annual amount would be paid for ever from the revenues of the Government of India to the Nawab Bahadur and his lineal heir male in perpetuating in equal monthly instalments of Rs. 19,166 - 10 annas - 8 pies. The said Indenture also contained a specific declaration according to the petitioner that the further properties purchased with the sale proceeds and immoveable properties mentioned in the 3rd Schedule shall for ever be held and enjoyed by the said Nawab Bahadur. At the same time the Indenture in question contained an important clause that the said Nawab Bahadur nor any of his successor in the said titles shall sell, mortgage or alineate otherwise the said properties.

(3.) Soon thereafter the said Indenture was converted into the Moorshedabad Act, 1891 confirming the Indenture dated 12th March, 1891. Section 5 of the said Act specifically stated that all properties mentioned in the said Indenture shall descend and be enjoyed for ever by the Nawab Bahadur of Murshidabad for the time being. According to the petitioner the effect of the Moorshedabad Act, 1891 read with the aforementioned Indenture was to guarantee the payment of the said annual pension and/or annuity of Rs. 2,30,000.00 per annum and to secure a vested right to the scheduled properties; in other words the Indenture was confirmed as an Act, namely, "descendible to the lineal heirs male of the said Nawab Bahadur according to the cutoms of primogeniture, the eldest male of the eldest branch being preferred." It is further stated that there was no question of any discretion in this matter to be exercised by the Government and the line of succession was a matter of law as confirmed by the Act of 1891 and the Government of India was bound to recognise the eldest male of the eldest branch of the said Nawab Bahadur Sir Hassan Ali as the Nawab of Murshidabad, each time a succession is opened out on the death of a Nawab.