Focus on registry officer’s mischief
The judgment of the special bench significantly focused on the mischief done by an officer of its Registry with regard to the alleged final decree in the suit pertaining to the Paigah properties.
The special bench comprising Justice V. Ramasubramanian and Justice N. Balayogi has pointed out that no final decree was ever passed in Application Nos.711 and 712 of 2009 as prayed for by the writ petitioners Ms Cyrus Investments or their predecessors in interest.
The bench noted that “But still they managed to get a final decree drafted by the Registry of this Court. In other words, what the counsel appearing for the applicant in Application No.711 of 2009 did not press for and what the Single Judge did not grant, was graciously granted by an official working in the Registry of the Court. The Registry may have to pin down the official responsible for this mischief.”
Ms Sahebzadi Hameedunnisa Begum who is defendant No 52 in the CS No 14 of 1958, said that two findings with regard to the non-existence of the final decree and also alleged fraudulent final decree of the special bench gave immense hope to them of getting justice.
“Right from the beginning we have been representing to the authorities concerned about the fraudulent documents floated by various claimants of Paigah properties,” she said.
Referring to the claim of the petitioners that they had bought the properties of the Paigahs from the Nizam, the special bench pointed out, “At the outset we are unable to comprehend as to how the shares declared in favour of some parties under a preliminary decree for partition could have been first purchased by HEH Nizam VII, then sold to Cyrus Investments Limited and thereafter distributed among several persons pursuant to a compromise entered into with that person.”
Ms Sahebzadi Hameedunnisa Begum said “Our claim since the beginning is that the documents of registration were made after the death of the Nizam and they are false and fabricated.” Mr Mohammed Moizuddin Khan, one of the legal heirs of Khursheed Jah Paigah, said that Paigah lands were located in Hafeezpet, Hydernagar, Hashmathpet, Malkaram and Nacharam villages and Cyrus Investments had made fraudulent claims on the entire Paigah lands.
He said, “The special bench judgment is a very good moral victory for us and it would also put the brakes on future fraudulent transactions on our lands.”
Interestingly Nawab Mir Najaf Ali Khan and his sister Sahebzadi Mahmooda Begum, grandson and granddaughter of Nizam VII, also moved the Hyderabad High Court against Cyrus Investments and Goldstone Prasad with regard to a sale deed dated February 23, 1967 entered by the Nizam with Cyrus Investments, claiming that they did not agree with the sale deed and they would also be brought on record in the CS 14 of 1958.
Ms Sahebzadi Hameedunnisa Begum who is defendant No 52 in the CS No 14 of 1958, said that two findings with regard to the nonexistence of the final decree and also alleged fraudulent final decree of the special bench gave immense hope to them of getting justice.