HYDERABAD: In a significant judgment, a division bench of Telangana High Court has dismissed the plea of Gold Stone Exports Private Limited (represented by ‘Gold Stone’ Prasad), 16 other appellant companies and individuals claiming title over a 98.10 acres land in survey number 172 at Hydernagar village (near Kukatpally) in Balanagar mandal of Rangareddy district.
The bench also imposed Rs 10,000 costs on each of them payable to the respondents who had been allotted the subject lands prior to 1947. There is no final decree with regard to the said lands, the bench noted.
Serious fraud
The bench confirmed that there was ‘no final decree’ passed in their favour, hence the possession of the respondents — Khasim Nawaz Jung and others should be restored and that the appellants are injuncted from interfering with the possession and enjoyment of the subject land.
‘Preliminary decree’
With this judgment, the High Court bench has unravelled the decades old serious fraud by Gold Stone company and Cyrus Investments Private Limited Company, represented by Prasad. Both Gold Stone Prasad and his wife Indrani Prasad, who represented one of the opposite companies challenging against each other — Gold Stone Exports Private Limited and Cyrus Investments Private Limited, are allegedly involved in the fraud. Various transactions have been entertained based on the so called ‘preliminary decree’ which passed about 50 years ago. The subject property is also known as ‘Paigah lands’.
Preliminary decree is void: HC
The bench comprising Justices MS Ramachandra Rao and K Lakshman, while dismissing the batch pleas which were remanded to the HC by SC for fresh consideration, observed that serious issued of fraud practised by appellants and their predecessors in interest on the courts — both the Rangareddy district court and the HC, and also collusion in disposal of various applications affecting third parties in possession and respondents are involved in these appeals.
The bench has declared that the appellants have failed to establish that the subject land in Hyderanagar area is Matruka property of Khursheed Jah Paigah, from whom they were claiming under the preliminary decree. It declared that the said land was a Jagir land and it did not vest in the State after the Hyderabad Jagir abolition regulation, 1358 Fasli came into operation. It further declared that the preliminary decree dated June 28, 1963 as regards the subject lands was obtained by practising fraud.