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Issues Involved:
1. Existence and validity of a decree capable of execution. 2. Effect of the Nizam's Firmans on the decree. 3. Jurisdiction of the City Civil Court to execute the decree. Detailed Analysis: 1. Existence and Validity of a Decree Capable of Execution The primary contention was whether there was ever a decree capable of execution. The dispute originally arose from the succession rights to the personal estate ('matrooka') of Nawab Wali-ud-Dowlah. After the Nawab's death, the Paigah Trust Committee initially handled the distribution of the estate. The legitimacy of Mahboob Begum and Quadiran Begum as the Nawab's wives was questioned, leading to a series of legal proceedings. The Special Commission, appointed by the Nizam, investigated and reported that Mahboob Begum and Quadiran Begum were legally married to the Nawab. This report was sanctioned by the Nizam's Firman dated 26-6-1947, effectively creating a decree capable of execution. However, subsequent Firmans complicated the matter. The Court held that the report of the Special Commission became a decree capable of execution on 26-6-1947. 2. Effect of the Nizam's Firmans on the Decree The subsequent Firmans issued by the Nizam played a crucial role in determining the decree's validity. The Firman dated 30-5-1948 directed the Chief Justice of the Hyderabad High Court to implement the Special Commission's decision. However, a Firman dated 28-6-1948 required the Chief Justice to obtain the Nizam's sanction before implementing the distribution scheme. A crucial Firman on 24-2-1949, under the Military Governor's advice, dismissed the claims of Mahboob Begum and Quadiran Begum, effectively nullifying the decree. This Firman was later revoked by another Firman on 7-9-1949, which referred the case to Sir George Spence for further investigation. The Court concluded that the Firman of 24-2-1949 annulled the earlier decree, and the Firman of 7-9-1949 did not restore it but opened the case for further enquiry. Hence, no final and executable decree existed after the Firman of 7-9-1949. 3. Jurisdiction of the City Civil Court to Execute the Decree Given the conclusion that no final decree existed after the Firman of 7-9-1949, the question of the City Civil Court's jurisdiction to execute the decree became moot. The Court did not need to address this issue further. Conclusion: The appeals were allowed, and the execution proceedings were dismissed. The Court directed that the original suit filed by Mahboob Begum in the Darul Quaza Court, which was undisposed of and still pending, should be continued in the City Civil Court of Hyderabad. The plaintiffs were permitted to amend their plaints as necessary. The decision highlighted the immense hardships caused by the arbitrary and capricious Firmans issued by the Nizam, depriving the respondents of their rights to have their disputes decided according to law by a competent court.
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