AHMAD-UN-NISSA BEGUM Vs. STATE

JUDGEMENT

(1.) NAWAB Kamal Yar Jung Bahadur was one of the foremost noble men of Hyderabad who died on the 23rd Isfandar 1353 F. (26th January 1944) leaving him surviving two full sisters and three others who allege that they were the married wives of the late Nawab. The Nawab did not leave any issue by his wives. He was governed by the 'Shia' School of Mohommedan Law. As has been the practice among the noble men of Hyderabad, a number of women were kept in the harem who were called (nick -named) 'Khawasees'. They were allowed to live along with the legally married wives and more or less treated like the married wives. The Nawab had issues by these 'Khawases' and these persons claim that their mothers were the legally wedded wives of the late Nawab and that, therefore, they are the legitimate children. Immediately after the death of the Nawab, H. E. H. the Nizam, by a firman dated 22nd Safar 1363 Hijri, constituted a special Committee to enquire into the matter of the succession to the estate of the late Nawab and to submit through the council its recommendations to him. This Committee consisted of the then Deputy Prime Minister, the then Revenue Member and the then Chief Justice, but the personnel of the committee changed from time to time and finally it consisted of Shri P. Venkat Ramareddy, the then Deputy Prime Minister, Mr. Amir Ali Khan, a member of the Board of the Revenue and a Judge of the High Court, Shri Shripat Rao. This Committee recommended unanimously that Riasatunnisa Begum who is Respondent No. 15 before us and a married wife of the late Nawab Kamal Yar Jung Bahadur be put in possession of the jagirs held by the late Nawab. Before however this report received the sanction of H. E. H. the Nizam the Police. Action started. After the Police Action, when the Military Governor took over charge, the Nizam, by means of another Firman dated 22nd November 1948, on the advice of the then existing administration, changed the personnel of the Commission and directed the new members of the Commission to take further evidence and submit their report. The new members did not think it necessary to take any further evidence and without taking any further evidence submitted their recommendations finally on 11th November, 1949. Again before the recommendations of the commission reached H. E. H. the Nizam the administration changed, the Military Governor left and Shri M. K. Vellodi was appointed the Chief Minister. After this, the judgment of the commission which was in Urdu was translated into English and when this judgment was being translated into English and it had not been completed, the Constitution of India came into force on 26th January 1950. The position therefore on the 26th January 1950 was that the Commission had sent its recommendations and it did not reach the competent authority for sanction as it was still in the process of being translated.

(2.) FINALLY on the 3rd April 1950 M. K. Vellodi, as the Chief Minister of the Hyderabad State, passed an order for implementing the recommendation. The order is as follows:

(3.) IT has to be observed that the properties left by the late Nawab are jagir lands and all matters relating to jagirs in the Hyderabad State were governed by a Special Law known as Atiyat Law or the law relating to land grants. Under the Atiyat Law whenever a jagirdar dies his successors had to appear before the Special Court viz., the Atiyat Court, which would enquire into the question of the succession to the estate of the jagirdar and submit its recommendations to H. E. H. the Nizam and H. E. H. the Nizam was the final authority to sanction or not to sanction the succession in favour of any particular individual. The procedure with regard to these matters has been embodied in Regulation No. 34 of 1331 F. and Regulation No. 10 of 1338 F. which have the force of law. In this particular case the Nizam chose to constitute a Special Commission instead of directing the case to be enquired into by the ordinary Atiyat Court. This was in consonance with the practice in vogue in the Hyderabad State in regard to succession relating to high noble men styled as 'Umrai Uzzam. '