- (1.)This application is filed under Section 151 Civil Procedure Code (C.P.C), by the legal representatives of Defendant Nos.3, 4, 5, 6, 7, 9, 10, 11, 18, 19, 20 and 22, in C.S. No.7 of 1958, for the relief of a direction to the Receivers-cum-Commissioners, to distribute the land of an extent of Ac. 16-16 guntas, situate in Survey No.56/lP,57,59/lP,59/3 and 59/4 of Kakaguda Village, Tirumalaghery Mandal, among the share holders, in terms of the preliminary decree.
(2.)The applicants have pleaded the following facts: C.S. No.7 of 1958 was filed in this Court, for the relief of partition and separate possession of 'Matrooka' properties of lale Nawab Moi-nud-Dolah Bahadur, and late Asman Jah Bahadur, shown in the schedule to the suit. A preliminary decree was passed on 6.4.1959, on the basis of a compromise, entered into, among some of the parties. The manner of distribution of various items of properties, was indicated in the preliminary decree. However, Item Nos.230 to 254 of Schedule 'A', which are Makhtas, were directed to be dealt with, depending on the outcome of the proceedings before the Appellate Authority, under the Jagir Abolition Regulation, 1958 (for short "Regulations"). The preliminary decree inter alia provided for, division and distribution of the suit schedule properties, in Item Nos.l to 229 of 'A' schedule among Defendant Nos.2 to 12, and 14 to 22, in such a way that each son shall get the share of 2/33, and each daughter shall get the share of 1/33.
(3.)Item Nos.230 to 254 of 'A' schedule are Makhta Villages. Appeals were pending before the Board of Revenue, by that time under the Regulations. Defendants 2 to 22 were held to be entitled to get the arrears of income, future income, compensation, commutation or sale proceeds of those items, as and when they are restored in favour of the Asman Jahi Paigah. The shares, for this purpose were stipulated at 2/35 for each son, and 1/35 for each daughter. According to the applicants, the validity of the proceedings, in relation to the lands in Item Nos.230 to 254 of 'A' schedule, was the subject-matter of Writ Petition Nos.632 and 768 of 1960 filed by Nawab Zaheeryajung, and in view of the judgment therein, rendered by a Division Bench of this Court, on 30.3.1964, proceedings initiated against Item Nos.230 to 254 under the Regulations, have virtually abated. On this premise, it is claimed that the land in Kakaguda Village, which figures as Item No.239 in 'A' schedule, particularly the one in Sy.Nos.56/lP, 57, 59/1P, 59/3 and 59/4, admeasuring 16-16 guntas, is liable to be partitioned among the parties to the suit, in terms of preliminary decree.