- (1.) This is an application by the Nawab Bahadur of Murshidabad. The position is as follows: The present Nawab Bahadur of Murshidabad holds properties, including properties in the districts of Murshidabad, Birbhum, Midnapore and Malda. On March 12, 1891, the grandfather of the Petitioner, who then claimed to be the Nawab Nazim of Bengal, Bihar and Orissa, entered into an agreement with the Secretary of State for India in Council, relinquishing for himself, his heirs and his successors, all claims to the position and dignity of Nawab Nazim, in consideration inter alia of a covenant that he and his heirs would go on holding and enjoying certain properties including the aforesaid properties, for ever. Consequent upon the agreement, an Act was passed by the Indian Legislature known as the Moorshidabad Act (XV of 1891) giving legislative recognition to the terms of the said agreement. The preamble of the Act shows that it was an Act to give effect to an indenture between the Secretary of State and the Nawab of Murshidabad. Section 5 of the said Act is as follows: All property, moveable and immoveable, mentioned in the said indenture, or in any of the schedules thereto or in any addition which under Section 3 may from time to time be made to those schedules or any of them, shall descend and, subject to the provisions of the said indenture, be enjoyed for ever by the Nawab Bahadoor of Moorshidabad for the time being.
(2.) The provisions of the said Act have ever since been in force. As a matter of fact, a Receiver has been and still is, in possession of the property, in terms of the said Act.
(3.) On February 12, 1954, the West Bengal Estates Acquisition Act, 1953 (West Ben. I of 1954), came into operation. This Act inter alia provides for the acquisition of all estates and rights in such estates. It is not denied that in respect of the properties which are the subject-matter of this application, the Nawab Bahadur would have the position of an intermediary if the Act applied. On or about August 16, 1954, in exercise of the power vested by the said Act, notifications have been issued, vesting in the State of West Bengal all the estates and rights of the intermediaries in the districts of Murshidabad, Birbhum, Midnapore and Malda, including the properties of the Petitioner. The notification was published on November 11, 1954.;