The judge, considering the succession-based legitimacy of his claim and the unchallenged prior recognition, granted a preliminary decree of perpetual injunction, restraining the defendants from interfering with his rights.
Hyderabad: Walashan Azmet Jah Bahadur, the IXth Nizam of the Asaf Jahi dynasty, secured interim relief from the City Civil Court, Hyderabad, in a suit seeking a perpetual injunction against interference by members of H.E.H. The Nizam’s Religious Trust and its affiliated Sacred Relics Trust. The Additional Chief Judge of the City Civil Court, Y. Padma, granted an interim order restraining members of four trusts including the Nizam’s Sacred Relics Trust and the Aza Khana Zohra Trust from interfering with his family customary rights in the status as heir of the Nizam. The plaintiff contended that by virtue of succession and family tradition, he possessed the rightful authority to inspect sacred relics, participate in religious observances, and perform trustee functions. Plaintiff contended that his coronation as IX Nizam took place in January 2023 following the demise of his father, Mukarram Jah (VIII Nizam), in accordance with established family custom and decree. According to the plaint, sacred Islamic relics including the Emerald Takti and articles linked to Prophet Mohammed’s family remained under the care of the Asaf Jahi dynasty since the era of Nizam II. These relics fall under the governance of trust deeds executed in the early 1950s, which gained statutory force under the Nizam’s Trust Deeds (Validation) Act, 1950. It is the case of the plaintiff that despite a formal letter of acknowledgment issued on January 27, 2024, confirming the role of the plaintiff as trustee and president, and his participation in the Board meeting and relic inspection in July 2024, the deputy secretary of the main Religious Trust later raised objections. The objections cited his alleged non-domicile status and the fact that he did not hold the position of Muthawali in any religious institution. The plaintiff argued that such objections stood contrary to law. The Indian Trusts Act, 1882, does not govern these religious trusts, and his rights flow directly from the original trust deeds, which provide for succession by primogeniture. He also invoked the principle of estoppel, pointing to the defendants’ prior recognition of his appointment and active involvement. With the annual Muharram rituals and relic inspections scheduled for July 8, the plaintiff expressed apprehension that he might face obstruction in discharging his ceremonial and administrative responsibilities. The judge, considering the succession-based legitimacy of his claim and the unchallenged prior recognition, granted a preliminary decree of perpetual injunction, restraining the defendants from interfering with his rights.
