The Madhya Pradesh High Court allowed two connected appeals challenging a trial court decision (2000) that dismissed suits seeking partition and possession of the estate of Nawab Hamidullah Khan of Bhopal. The trial court had relied on an Allahabad High Court decision in Talat Fatima Hasan v. Nawab Syed Murtaza Ali Khan, AIR 1997 All 12, which has since been overruled by the Supreme Court in Talat Fatima Hasan through Her Constituted Attorney Syed Mehdi Husain vs. Syed Murtaza Ali Khan, (2020) 15 SCC 655.
Justice Sanjay Dwivedi observed that the trial court failed to consider the change in legal precedent and did not adequately address the plaintiffs’ claims that succession to personal property of the late Nawab should be governed by Muslim personal law, not the 1947 Bhopal Succession to the Throne Act or the merger agreement with the Government of India. The appellants contended that personal property could not be treated as state property devolving solely upon Sajida Sultan, the successor to the Gaddi.
Holding that a fresh adjudication is required, the High Court remanded the matter for retrial, directing the trial court to reconsider the issues in light of the correct legal position and permit additional evidence, if necessary. Given the vintage of the suits, filed in 1999, the High Court also directed the trial court to decide the matter expeditiously, preferably within one year.
Appearances:
Appellants: Shri Aadil Singh Bopari, Shri Abhishek Dubey, Ms. Ayesha Jamal, Shri K. Jaggi, Shri Gurlabh Singh Sidhu – Advocates.
Respondents : Shri S. Sreevastava – Senior Advocate with Shri Arjun Rao, Shri Sooraj Bajpai, Shri Aishwarya Vikram and Shri Shrikant Mishra, Shri Siddharth Sharma, Shri Adil Usmani, Shri Akhilesh Jain, Shri Sanjay Agrawal – Senior Advocate with Shri Sheersh Agrawal, Shri Sanjeev Tuli, Shri Varun Tankha and Shri Harshit Bari – Advocates
