WASIF ALI MIRZA NAWAB BAHADUR OF MURSHIDABAD Vs. KARNANI INDUSTRIAL BANK LTD

JUDGEMENT

(1.) By an order dated 15 July 1929, the High Court of Judicature at Fort William in Bengal, allowing an appeal from an order of Lord Williams, J., appointed a receiver of the rents, issues and profits of certain properties in Calcutta in execution of several decrees obtained against the present appellant by the respondent bank. The sole question is whether it was competent to make this appointment in view of the terms of the Murshidabad Act, 1891 (No. 15 of 1891), which has reference to these properties.

(2.) The purpose of that Act was to confirm and give effect to an indenture between the Secretary of State and the then Nawab Bahadur of Murshidabad, dated 12 March 1891. The indenture, which is duly confirmed by the Act and scheduled thereto, narrates at great length the circumstances which led up to it. It appears that the then Nawab Bahadur, the appellant's predecessor, who was the eldest son of the late Nawab Nazim of Bengal, Behar and Orissa, had agreed to relinquish the latter title with its appurtenant rights in consideration of his receiving the titles of Nawab Bahadur of Murshidabad and Amir-ul-Omrah, carrying with them the precedence, rank, dignity and privileges of the premier noble of Bengal, Behar and Orissa and also in consideration of provision being made for the maintenance and support of the holder of these titles for the time being and for the maintenance of the honour and dignity of his station.

(3.) On these and other recitals the Secretary of State covenanted, "for the duo maintenance and support of the said titles of Nawab Bahadur of Murshidabad and Amir-ul-Omrah and the position and station thereto attaching and of the honour and dignity thereof." to pay to the Nawab Bahadur and his lineal heirs male in perpetuity an annual sum of Rs. 2,30,000 by monthly instalments of Rs. 19,166-10-8, and further agreed and declared that the immovable properties mentioned in the schedules to the indenture (which include the properties of the rents of which the High Court has appointed a receiver) should "henceforth and for ever be held and enjoyed by the said Nawab Bahadoor and such one among his lineal heirs male as may be successively entitled to hold the said titles in perpetuity with and subject to the incidents, powers, limitations and conditions as to inalienability and otherwise" thereafter in the indenture contained. The first of these conditions is in the following terms : " First : The said Nawab Bahadur shall not nor snail any of his successors in the said titles sell, mortgage, devise or alienate the said properties respectively or any of them otherwise than by lease or demise for a term not exceeding 21 years and under a rent without bonus or salamee." The indenture also provided as follows : "In case the said Nawab Bahadur or any of his lineal heirs male successors to the titles shall at any time in contravention of the terms of these presents attempt to sell, mortgage, devise or alienate (otherwise than by such lease or demise as aforesaid) any of the immovable properties aforesaid or shall by a course of extravagance or by waste or mismanagement of their said immovable properties in the opinion of the Secretary of State for the time being disable himself from duly maintaining the dignity of the said position and station, then, and from time to time whenever and as often as the same shall happen, it shall be lawful for the Secretary of State for the time being at his discretion to enter into and upon the said immovable properties and to hold and take possession thereof and also to take and retain the said monthly sum of Rs. 19,l66-10-8 payable from the Government Treasury at Berhampore as hereinbefore mentioned for such period during the lifetime of the Nawab Bahadur of Murshidabad and Amir-ul-Omrah so acting as aforesaid as to the said Secretary of State shall seem necessary or expedient, and the net rents, issues and profits of the said immovable properties and the said monthly sum of Rs. 19,166-10-8 so to be received and taken by the Secretary of State as aforesaid shall be applied for the benefit of the said Nawab Bahadur of Murshidabad and Amir-ul-Omrah for the time being for the maintenance of the position and dignity of the said Nawah Bahadur of Murshidabad and Amir-ul- Omrah for the time being in such manner as the Secretary of State in his discretion shall think proper."