HYDERABAD: The Telangana High Court has dismissed a Civil Revision Petition filed by Prince Azmet Jah and another challenging an order of the XI Additional Chief Judge, City Civil Court, Hyderabad, in a long-running dispute over five properties of the seventh Nizam, Mir Osman Ali Khan.
The properties are Falaknuma Palace, Chowmohalla Palace, Purani Haveli, King Kothi Palace and Harewood and Cedars Bungalow in Tamil Nadu. Najaf Ali Khan, a grandson of Mir Osman Ali Khan, has sought their partition and separate possession, besides a declaration that a registered sale deed relating to one of the properties was void and illegal.
Justice P Sam Koshy, dealing with the petition under Article 227 of the Constitution, upheld the lower court’s decision and held that the question of whether Najaf Ali Khan was liable to pay court fee under Section 34(1) or the fixed fee under Section 34(2) of the Telangana Court Fee and Suit Valuation Act, 1956, could be decided only after the parties led evidence at trial.
The petitioners, defendant Nos. 197 and 198 in the suit, had sought rejection of the plaint under Order VII Rule 11(b) and (c) of the CPC. They contended that Najaf Ali was required to value his alleged share in the properties at market value and pay the applicable court fee.
The petitioners argued that Najaf Ali had himself pleaded that defendant No.1 was in exclusive possession of the properties and enjoying their income, and therefore he could not claim constructive joint possession and pay only the fixed court fee. Najaf Ali maintained that as a co-sharer, he was deemed to be in joint possession.
Justice Koshy observed that the supervisory jurisdiction under Article 227 could not be converted into appellate jurisdiction. The court held that the parties’ inter se relationship, possession and shares in the properties would have to be examined through evidence before the court fee issue could be determined.
Azmet Jah and Shekhyar Jah, sons of the late Mukarram Jah, had challenged Khan’s case through their general power of attorney holders, Mohammed Abul Faiz Khan and Mohammed Fateh Faiz Bin Jung.
Mukarram Jah, who died in 2023, was a grandson of Mir Osman Ali Khan and was recognised as the eighth titular Nizam after Osman Ali Khan’s death in 1967.
His son Azmet Jah was later recognised by some members of the family as the ninth titular Nizam.