Telangana High Court had closed a 64-year-old civil suit pertaining to lands of 24 Maktha properties, observing that submissions made by parties over the properties were unsustainable.
A Bench of Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar, which pronounced verdict in the civil suit, noted that “it can safely be concluded that no lands are available for partition” attached to the preliminary decree of 1959. The matter dates back to 1953 when Sultana Jahan Begum filed a civil suit for partition and separate possession of the Matruka properties in City Civil Court.
It was transferred to High Court in 1958. Parties to the suit filed memorandum of compromise. Subsequently, a preliminary decree was passed in 1959. The Commissioners/Receivers effected partition of lands and filed their report in 1965. They categorically stated that the 25 properties were Maktha lands and they were subject matter of litigation in the Revenue department.
The Bench observed that arrears of income, compensation or sale proceeds of the said properties should be distributed if the 25 properties are restored or released in favour of Asman Jahi Paigah. According to the preliminary decree, the 25 properties were not yet restored or released and hence they cannot be valued or partitioned.
In 2022, the High Court appointed new Receiver-cum-Commissioner which filed a report on July 6, 2023 concluding that entire litigation originated from the execution of Assignment Deeds. The report said the 25 properties were not restored or released in favour of Paigah Asman Jahi. As a result, parties cannot claim rights over the properties based on the preliminary decree of 1958.
Published – January 17, 2025 08:01 pm IST