Decades-old case: Verdict reserved on Junagadh properties case
Descendants of the late Nawab had challenged division of State property in 1963
Sindh High Court building. PHOTO: EXPRESS
KARACHI:
The long-standing dispute among the legal heirs of the late Nawab of Junagadh over his properties seems to be nearing conclusion, as litigation among his children has been wrapped up after three decades.
The two-judge bench of the Sindh High Court (SHC), comprising Justices Irfan Saadat Khan and Zafar Ahmed Rajput, concluded proceedings recently and reserved its verdict, which will be announced later.
According to the public record of the case, 159 hearings have been held since January 2003. However, the case was initiated on August 12, 1986, as the Nawab’s family was about to celebrate the 29th anniversary of acceding to Pakistan in 1947. The heirs of the late Nawab had challenged the decision of then commissioner Karachi, who had divided up their property in 1963.
The history
Sir Mahabat Khanji, the ruler of Junagadh state in the then Indian Sub-Continent, acceded to Pakistan on September 15, 1947. However, the Hindu-majority state eventually ended up under India following the deployment of Indian troops and a plebiscite, held after the Nawab’s migration, along with his family, to Karachi.
The Nawab died on November 7, 1959, leaving behind a widow and 17 direct descendants. His eldest son, Nawab Dilawar Khanji, was officially recognised as his successor and after him, his son, Jahangir, became the next Nawab. He is the subject of the petition.
The case
Many descendants had taken the late Nawab Dilawar Khanji to court over the division of their ancestor’s property. The petition was filed by Lady Saeeda Sultana, widow of Nawab Mahabat, and her children - Princess Sultan Bakht, Sahebzada Ghulam Moinuddin Khan, Princess Taj Bakht, Noor Bakht, Zohra Bakht and seven others.
The heirs’ claim on the property was decided by GA Madani, commissioner of Karachi in May 1963. While deciding the devolution and distribution of Junagadh state property, the commissioner split it into two and ordered for all the property of the late Nawab to be vested in Nawab Dilawar Khanji, while the other heirs were given paltry sums in cash.
The heirs have questioned the decision on the ground that they were given no reason for the division of property nor were their claims recognised, which they maintained is contrary to the Muslim Personal Law (Shariat) Act of 1963.
The heirs have repeatedly brought the matter up before successive governments but in vain after which, in 1983, on the advice of the Secretary of States to take up the matter with the Sindh government, they filed the petition which has been awaiting a decision.
The stake
According to the list of the estate and property, assets left by the late Nawab include securities worth Rs12.9 million with the government of India, Rs3 million with the government of Pakistan, Rs37,634 with the State Bank of Pakistan, the Junagadh House in Karachi worth Rs1 million [in 1958], a garden in Malir spread over 16 acres, 30 ghuntas [of land], Roop Mahal in Hirabad, Hyderabad worth Rs336,000 [in 1959], agricultural land and a garden in Tando Ali Hyder and Tando Mohammad Khan on about 500 acres, diamond-studded jewelry and shares in the then Sui Gas Transmission Company.
The secretaries of the Sindh home department and federal ministry of states and frontier regions have been named in the petition.
Published in The Express Tribune, May 21st, 2016.
The long-standing dispute among the legal heirs of the late Nawab of Junagadh over his properties seems to be nearing conclusion, as litigation among his children has been wrapped up after three decades.
The two-judge bench of the Sindh High Court (SHC), comprising Justices Irfan Saadat Khan and Zafar Ahmed Rajput, concluded proceedings recently and reserved its verdict, which will be announced later.
According to the public record of the case, 159 hearings have been held since January 2003. However, the case was initiated on August 12, 1986, as the Nawab’s family was about to celebrate the 29th anniversary of acceding to Pakistan in 1947. The heirs of the late Nawab had challenged the decision of then commissioner Karachi, who had divided up their property in 1963.
The history
Sir Mahabat Khanji, the ruler of Junagadh state in the then Indian Sub-Continent, acceded to Pakistan on September 15, 1947. However, the Hindu-majority state eventually ended up under India following the deployment of Indian troops and a plebiscite, held after the Nawab’s migration, along with his family, to Karachi.
The Nawab died on November 7, 1959, leaving behind a widow and 17 direct descendants. His eldest son, Nawab Dilawar Khanji, was officially recognised as his successor and after him, his son, Jahangir, became the next Nawab. He is the subject of the petition.
The case
Many descendants had taken the late Nawab Dilawar Khanji to court over the division of their ancestor’s property. The petition was filed by Lady Saeeda Sultana, widow of Nawab Mahabat, and her children - Princess Sultan Bakht, Sahebzada Ghulam Moinuddin Khan, Princess Taj Bakht, Noor Bakht, Zohra Bakht and seven others.
The heirs’ claim on the property was decided by GA Madani, commissioner of Karachi in May 1963. While deciding the devolution and distribution of Junagadh state property, the commissioner split it into two and ordered for all the property of the late Nawab to be vested in Nawab Dilawar Khanji, while the other heirs were given paltry sums in cash.
The heirs have questioned the decision on the ground that they were given no reason for the division of property nor were their claims recognised, which they maintained is contrary to the Muslim Personal Law (Shariat) Act of 1963.
The heirs have repeatedly brought the matter up before successive governments but in vain after which, in 1983, on the advice of the Secretary of States to take up the matter with the Sindh government, they filed the petition which has been awaiting a decision.
The stake
According to the list of the estate and property, assets left by the late Nawab include securities worth Rs12.9 million with the government of India, Rs3 million with the government of Pakistan, Rs37,634 with the State Bank of Pakistan, the Junagadh House in Karachi worth Rs1 million [in 1958], a garden in Malir spread over 16 acres, 30 ghuntas [of land], Roop Mahal in Hirabad, Hyderabad worth Rs336,000 [in 1959], agricultural land and a garden in Tando Ali Hyder and Tando Mohammad Khan on about 500 acres, diamond-studded jewelry and shares in the then Sui Gas Transmission Company.
The secretaries of the Sindh home department and federal ministry of states and frontier regions have been named in the petition.
Published in The Express Tribune, May 21st, 2016.