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K.V.L.JAYASIMHA
# 1-1-256/8/1, 2 & 3, Street No.3,
B.Sc, M.B.A., M.A., LL.M
Advocate
Chikkadpally, Hyderabad
Cell No.9246283579
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LEGAL BRIEF

OS.No.41/1955-56 brought by one Dildar Unnisa Begum and pending before the
court of Addl. Judge, City Civil Court, Hyderabad has been withdrawn and taken on the
file of the Hon’ble High Court as C.S.No.14 of 1958. The suit relates to partition of
Matruka Property left by Nawab Khurshid Jah who died in the year of 1320 H [i.e. July,
1902 A.D] leaving him surviving his two sons 1.Nawab Imam Jung Khurshi-ul-Mulk and
2.Nawab Zafar Jung Shamsul-ul-Mulk. Nawab Imam Jung died on 1343 H and Nawab
Zafar Jung died even earlier in 1334 H [i.e. January, 1907 A.D.] None of the said Nawabs
in their own life brought any action for the suit property, nor did their sons and daughters
within reasonable period after their death preferred their claims. That was because the
orders and the FARMANS of the Nizam issued from time to time imposed restriction and
eventually declared it as properties not liable to be partitioned as Matruka.

The present claimants who are the heirs in the line of succession of the said Nawabs
however brought the present action as the said orders or FARMANS which stood in their
way have now, on account of abolition of Jagirs and Phaigahs, seized to have their
operation. The Phaigah, known as Khurshid Jahi Paigah of which Nawab Khurshi Jah was
the sole beneficiary is but a separated part of a larger estate known as Paigah Estate, the
roots of which lay deep into remote past.

The history of the Paigah is that, the Paigahs are origin, developed and
disintegration into three Paigahs in its nature and its inception at the time when Khurshid
Jah died and upto the date of filing of the above suit i.e. OS.No.41/1955-58 which is now
C.S.No.14 of 1958.

Mohammed Abdul Kair Khan was the common ancestor of the families of the three
Paigahs. He came to Hyderabad with the First Nizam Asaf Jah. At that time he was a
Feudal Chief of the Moghul Empowers. When the Moghul Dynasty was in dwindling Asaf
Jah proclaimed his independence and founded the kingdom of Hyderabad. In the year of
1198 H [1784 A.D.] the Jagirs roughly coinciding with what
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some times thereafter were called as Paigah Estates were granted to him by Nizam Ali
Khan under a Perwana. On this death, the fresh grant of the same estate and of about the
same area was made in 1205 H to his son Fakrhuddin Khan who was minor then. This
grant seems to have been Paigah grant. In fact, the term ‘Paigah’ as used in the Parwan of
1198 and 1205 H can notes an estate granted for maintenance of army.

Eventually in 1882 A.D. an award was made between Asman Jah and on the other
side Rashibuddin Khan’s two sons Khurshid Jah and Vikar-ul-Umra and other by Sir
Salar Jung, as a result of which certain estates called Paigah Taluqs were awarded Asman
Jah. Some of the Paihah Taluqs of the family are divided between Khurshid Jah and
Vikar-ul-Umra as a result of the award of Mr.Ridsdala. There was a partial division of
family property in 1878 A.D. as a result of these arrangements the original Paigah Estate
become divided into three separate estates known as Asman Jahi Paigah, Khurshid Jahi
Paigah and Vikar-ul-Umrahi Paigah. The said three persons are in possession of their
respective Paigahs until their death.

A special feature of the Paigahs, as also of Jagirs and Inams in Hyderabad state was
that possession of the estate was given to a single person as the Paigah holder [in case of
Paigahs] who, in addition to his own share was entitled in respect of the management a
specific share in the income of the estate and this right was called Haqe Inthezam or right
of management. The holder of the Paigah was called Amir.

Sir Khurshid Jah died in Rabi-us-Sani, 1320 H [July, 1902] leaving behind him
Imam Jung and Jafer Jung as his sons and only recognised legitimate heirs. In connection
of the claims made by various heirs, the Nizam appointed three Royal Commissioners
1.The Egurton Committee, 2.The Glancy Commission, 3.The Rally Commission. After
consideration of three reports of the committees a FARMAN was issued on 17 th January,
1929 [5th Shahban 1347 H]. the Nizam therein stated that in regard to the Paigah he held a
three fold capacity 1. As the ruler of the state, 2.As the head of the Sar-i-Khas and 3.As the
patron of the Paigah family.

Twenty years after the FARMAN issued basing on the three committees, in the
changed set up of political atmosphere, the Jagirs and Paigahs were abolished by means of
Jagir Abolition Regulation [69
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of 1388 F] with effect from 15th August, 1949 and the Jagirs and the properties connection
with the Jagirs were taken over with the Jagir administrator and the Jagirdars were
declared entitled only to the commutation accounts. The other properties and estates
unconnected with the Jagirs, however were allowed to remain with the Jagirdars.

In these circumstances the plaintiffs, in OS.No.41/1955-56 and C.S.No.14 of 1958 by

name Dildar Unnisa Begum, 2.Yawarunnisa Begum filed suit for partition against the
defendants wherein Himayat Nawaz Jung is the defendant No.1 and 134 others [whose
number of defendants were increased due to the death of the original defendants and in
their place bringing the legal heirs of the deceased persons.

Nawab Himayath Nawaz Jung Bahadur had three wives namely 1.Smt Zaibunnisa
Begum, 2.Smt Fareedunnisa Begum and 3.Smt Vilayat Jehan Dargahi Begum and blessed
with four sons namely 1.Nawab Mohd Misbahuddin Khan, 2.Nawab Mohd Gousuddin
Khan, 3.Nawab Mohd Asad Uddin Khan, 4.Nawab Mohd Fareed Uddin Khan and six
daughters namely 1. Nafees Sultana Begum, 2.Ahmed Unnisa Begum, 3.Afzal Unnisa
Begum, 4.Asmath Ara Begum, 5.Laiqunnisa Begum, 6.Wali Unnisa Begum.

In the above background of brief history of Paigahs in Sy.No.163 which was

devolved in favour of the two wives and four daughters of Nawab Himayat Nawaj Jung
Bahadur as follows:

On Sy.No.163/3, 163/4 and 163/6, Hydernagar Village, Balanagar Mandal presently

Medchal Malkajgiri District

The family partition suit Civil Suit No.14 of 1958 among the Legal Heirs and
successor of Nawab Khaja Moinuddin Khan known as Khursheed Jha Bahadur Ameer-e-
Paigah his great grandson Nawab Himayat Nawaj Jung Bahadur his three widows 1] Smt
Zaibunnisa Begum, 2] Smt Fareed Unnisa Begum, 3] Smt Vilayat Jehan Dargahi Begum,
and other number of family members filed a Compromise Petition the same was considered
by Hon’ble High Court of Andhra Pradesh and passed a Preliminary Decree on 28.06.1963
presented by Justice Komaraiah.

As per the Compromise Deed which was decreed on 28.06.1963 Sy.No.163 was sub
divided among two daughters of Smt Fareedunnisa Begum, widow of Nawab Himayath
Nawaz Jung Bahadur and her two
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daughters namely 1. Afzaunnisa Begum, Ahmedunnisa Begum, and Smt Zaibunnisa

Begum, widow of Nawab Himayath Nawaz Jung Bahadur and her two daughters 1.
Liakunnisa Begum and 2. Asmath Ara Begum with meats and boundaries. The sub divided
share of the land is as following:

SY.NO. NAME OF THE PATTEDAR AC.GTS

163/1 Smt Afzal Unnissa Begum 29.14
[D-112]
163/2 Smt Ahmedunnissa Begum 29.17
[D-111]
163/3 Smt Liaqunnissa Begum 29.17
[D-109]
163/4 Smt Asmat Ara Begum 29.17
[D-108]
163/5 Smt Fareed Unnissa Begum 19.19
[D-110]
163/6 Smt Ziabunnissa Begum 19.14
[D-107]
163/7 Nawab Dilwaruddin Khan 2.33
[D-18]
163/8 Smt Daulat Unnissa Begum 2.34
[D ]

The entire sub divided land in Sy.No.163 of Hydernagar demarcation was also
conducted by the District Surveyor, R.R.District and submitted report to the Joint
Collector, Ranga Reddy Collectorate on 25.08.2010.

Two co-operative societies namely 1] Durgamata Co-operative Society and 2]IDPC

Employees Co-operative Society claimed land in Sy.No.163 in the earlier days. Their case
and claim was turned down by the Apex Court and fictitious registrations were cancelled.
The revenue courts also dismissed their title claim in Sy.No.163 as such they were kept at
distance from their title claim in Sy.No.163.

In the very earlier days the Government of Andhra Pradesh had a claim over the
lands in Sy.Nos.145, 163 and 172 of Hydernagar and in Sy.No.77, 78, 79 and 80 of the
Haffeezpet village of Balanagar Mandal and Serilingampally Mandal. But the
government’s claim was declined by Supreme Court in SLP No.10622-23 of 2001, dated
16.07.2001 inorder to implement the Supreme Court’s order. The Government of Andhra
Pradesh, Revenue Department issued two memos to the Collector, Ranga Reddy District
vide 1.Memo No.28908/JAI/2004-1, dated 05.11.2004, 2. Memo No.59734/JAI/2005, dated
15.03.2008 stating that in the light of the orders of the Hon’ble Supreme Court order
confining the Government as custodian and trustee of the land but not owners.
There are some third parties filed Writ Petitions before the Hon’ble High Court
under the guise of Assignment Deeds, Agreement of Sales etc from the family members of
the Paigah family members in CS.No.7 of 1958 and CS.No.14 of 1958, challenging the
orders of the Revenue Authorities for rejecting to issue patta pass books, entries etc., in
WP.No.11032, 11034 and 11037 of 2018 disposed by the division bench of Hon’ble High
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Court dismissing the writ petitions and directing the petitioners to go to Civil Court for
establishing their rights over the lands in CS.No.7 of 1958 and CS.No.14 of 1958. However,
the High Court shall pass final decree basing on the preliminary decree passed by the
Hon’ble High Court on 28.06.1963 by fixing the mets and bounds.

Inference is the Paigah lands subject matter of CS.No.7 of 1958 and CS.No.14 of
1958 etc are freed from the claims of government and third parties over the lands. The
family members of the Paigah families who are members in preliminary decree are the only
landlords of their lands but not the third parties.

The survey No.163/3, 163/4 and 163/6 in this Legal Brief are free from any claims
either from the third parties or from the government. Mutation in the revenue records to
be sought from the Tahsildar Balanagar. Now the land is in Medchal – Malkajgiri District
jurisdiction.

Hyderabad
13.09.2020 ADVOCATE