Talat Fatima Hasan Through Her ... vs Nawab Syed Murtaza Ali Khan (D) By Lrs

2. The British Government decided to withdraw from the Indian sub­continent and the plan in this regard was published on 03.06.1947 which envisaged the formation of two countries, India and Pakistan. As per the Indian Independence Act, 1947 two independent Dominions – India and Pakistan were created. The ruling princes had the right to decide to which Dominion, India or Pakistan, they were to cede to. Section 6 of the Government of India Act, 1935 provided that an instrument of accession was to be executed by the ruler of the State. Various rulers signed instruments of accession on various dates. Some immediately on 15.08.1947 and some much later. Some rulers voluntarily ceded their territories to the Indian Union and some had to be cajoled to do so. In the various talks held by the Indian Government and the princely States it was decided to give some privileges and perquisites to the rulers. The privileges which were to be granted to the rulers included exemption from the operation of certain laws, the enjoyment of 2 Jagirs and personal properties of the rulers, and members of their families, the payment by the States of the marriage expenses of the brothers and sisters of the rulers, immunity from some processes of courts of law, distinctive number plates, gun salutes, etc.

9. This Court, in the appeal filed by the defendant No. 1 against the judgment of the Delhi High Court, declined to interfere with the order quashing the certificate due to the pendency of civil litigation between the parties for the same property. It further directed that the certificate which had been quashed would not be set up by either party in support of the claim of the plaintiff or the defendants in the suit which had been filed in the meantime. Therefore, this certificate cannot be taken into consideration while deciding these proceedings. 8

10. In January 1995, the said suit being O.S. No. 4 of 1972 was withdrawn by the High Court of Allahabad and tried by itself. The learned Single Judge dismissed the suit on 31.07.1996. An appeal therefrom was heard by a Division Bench of the Allahabad High Court which vide two separate concurring judgments dismissed the appeal. Hence, the present appeals.

Therefore, the contention urged on the use of the words ‘guaranteed’ or ‘assured’ is without any force and absolutely untenable.”

45. There is no dispute between the parties that if personal law is to apply then the Muslim Personal Law (Shariat) Application Act, 1937 will apply and since Nawab Raza Ali Khan was a Shia, his estate will devolve upon his heirs under the Muslim personal law, as applicable to Shias.

(9) As the suit has been pending for almost half a century and the parties have been litigating for more than 5 decades and some of the parties are at an advanced age, we direct the trial court to dispose of 42 the matter in terms of our directions above at the earliest but, in any case, not later than 31.12.2020.

48. I.A. No. 3 of 2014 is dismissed. The applicants shall, however, be at liberty to file a Civil Suit to establish their rights.

49. No order in the Contempt Petition in view of the directions issued.

50. All other applications are disposed of. No order as to costs.

……………………..CJI.