S.K.JAIN, J. - (1.) The present special appeal has been preferred against the judgment and order dated 31-7-1996 whereby the learned single Judge dismissed the suit for partition filed by the plaintiff appellant Talat Fatima Hasan.
(2.) The suit for partition of moveable and immovable properties left by late Nawab syed Raza Ali Khan, Nawab of Rampur, rendition of accounts of income, profits, usufructs and benefits from the said property, and decree for pendentilite and future mesne profits, was filed by the plaintiff appellant in the Court of Civil Judge Rampur in the year 1972. As the proceedings in the suit could not make progress for over twenty years, on the recommendation of the Honble Inspecting Judge for Rampur Session Division, Honble Chief Justice vide his order dated 2-1-1995 assigned the suit to the bench of learned single Judge.
(3.) In short the pleading of the plaintiff are that late His Highness, Maj. Gen. Sir Syed Raza Ali Khan Sahib Bahadur (hereinafter referred to as the late Nawab") was the ruler of erstwhile Rampur State in U.P. By an agreement dated 15-5-1949, the late Nawab transferred the entire administration of the Rampur State to the Government of India, w.e.f. 1-7-1949 and granted to the latter, full authority, jurisdiction and power in relation to the territories of the said State. The said agreement also provided in Article IV that the Nawab shall be entitled to the full ownership use, occupation and enjoyment of all private properties belonging to him on the date of the agreement. An inventory of all moveable properies and immovable properties, securities and cash balance held by him as private propery was prepared. Nawab Syed Raza Ali Khan died intestate on 6/03/1966. He owned and possessed at the time of his death properties detailed in the scheduled attached to the plaint, besides other properties. The late Nawab Syed Raza Ali Khan was a Muslim of the Shia Sect and the personal law applicable was the Muslim Shia Law. The inheritance of his private properties thus would be governed by the Muslim Personal Law (Shariat) Application Act, 1937. According to the said law the estate of the late Nawab comprising of 55,296 Sihams develoved upon his heirs as follows :- 1. Her Highness Rafat Zamani Begum (widow) 2304 Sihams 1/2. Smt. Qaisar Zamani Begum (widow) 2304 " 1/3. Smt. Talat Zamani Begum (widow) 2304 " 2. Nawabzada Syed Abid Ali (son) 8064 " 3. His Highness Nawab Syed Murtaza Ali Khan Saheb(son) 8064 " 4. Nawabzada Syed Zulfiqar Ali Khan (son) 8064 " 5. Nawabzadi Syeda Khurshid Laqa (daughter) 4032 " 6. Nawabzadi Syeda Birjees Laqa Begum (daughter) 4032 " 7. Nawabzadi Syeda Kamar Laqa Begum (daughter) 4032 " 8. Nawabzadi Syeda Akhtar Laqa Begum (daughter) 4032 " 9. Nawabzadi Syeda Naheeda Laqa Begum (daughter) 4032 " 10. Nawabzadi Syeda Mehrunnisa Begum (daughter) 4032 ";