- (1.) This suit for partition of movable and immovable properties left by late Syed Raza Ali Khan, Nawab of Rampur, rendition of accounts of income, profits, usufructs andbenefits from the said property, and decree for pendente lite and future mesne profits, was filed by the plaintiff in the Court of District Judge, Rampur in the year 1972. As the proceedings in the suit could not make progress for over twenty years in the court of the District Judge, and thereafter Civil Judge, Rampur, the Hon'ble Inspecting Judge for Rampur Sessions Division, during the course of his inspection of the Judgeship, directed the Registrar to place the matter before Hon'ble the Chief Justice to withdraw the suit for trial before the High Court. The Hon'ble the Chief Justice by his order dated 2-1-1995 assigned the suit to this bench for hearing and disposal.
(2.) In short the pleadings of the plaintiff are, that late His Highness, Maj. Gen. Sir Syed Raza All 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 Art. 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 movable properties and immovable properties, securities and cash balance held by him as private property 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 schedule attached to the plaint, besides other properties. The late Nawab 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 devolved 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 Abil Ali Khan (son) 8064 " 3. His Highness Nawab Syed Murtaza Ali Khan Sahib (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 "
(3.) Consequent to the death from time to time of various persons from amongst the aforesaid heirs of the late Nawab, the share of the partiks as on 4-2-1994, when necessary amendment in the plaint was incorporated, is stated to be as follows :- 1. Plaintiff- Talat Fatima Hasan 1120 Sihams 2. Defendant No. 1/2 Syed Mohd. Ali Khan 4480 " 3. Defendant No. 1/3 Smt. Nighat Ali Khan 2240 " 4. Defendant No. 3/1 Begum Mehtab Ali Khan alias Begum Noor Bano 1244" 5. Defendant No. 3/2 Mrs. Saman Khan 2177 " 6. Defendant No. 3/3 Mrs. Durrez Ahmed 2177 " 7. Defendant No. 3/4 Mr. Kazim Ali Khan 1354 " 8. Defendant No. 4 Mrs. Gisela Maria Ali Khan 1008 " 9. Defendant No. 5 Master Raza Andrews Ali Khan 2856 " 10. Defendant No. 6 Master Nadeem Ali Khan 2856 " 11. Defendant No. 8 Syed Sirajul Hasan 2240 " 12. Defendant No. 9 Syeda Birjees Laqa Begum 4976 " 13. Defendant No. 10 Syeda Akhtar Laqa Begum 4976 " 14. Defendant No. 11 Syeda Naheeda Laqa Begum 4976 " 15. Defendant No. 12 Syeda Kamar Laqa Begum 4976 " 16. Defendant No. 13 Syeda Mehrun Nisa Begum 4032 " 17. Defendant No. 14 Smt. Qaisar Zamani Begum 2304 " 18. Defendant No. 15 Smt. Talat Zamani Begum 2304 " TOTAL 55296 Sihams;