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By filing written arguments, learned Counsel for the petitioners would submit that one Khaisaruddin Khan was the original owner of the lands situated in Miyapur Village, having succeeded to the lands through his great grandfather to his grandmother and from grandmother to his mother and from his mother to him. The documents relating to inheritance of the property through Sanad and the Firmans issued by the Nizam recognizing the ownership over the property and the order of the Board of Revenue are filed to show that Khaisaruddin Khan was the original owner of the property. The relevant extracts in the said documents are as follows:-

The Sanad dt. 16.10.1880, the relevant portion is as under:-
"the villages Miyapur belonging to Padshahzadi Saheba are released and given to Quadriunnisa Begum, permanently, perpetually and forever to be devolved upon the children born and to be continued general after generation from the year 1289 Fasli".

The Firman dt. 17.01.1929, the relevant true extract is as under:-

"The heirs of the daughters of Rashiduddin Khan, Shamsul Umra IV (i.e. the sisters of Kursheed Jahi) are at present Bahadur Dil Jung, Qutbunnisa Begum and Rafiunnissa Begum. They will not be given any share from the Paigah income, but the Jagirs given awar to the said sisters by their father and grandfather, should be given to the present heirs with Wasllator Mesne profits".

The Firman dt.12.09.1934 , true extract is as under:-

"The creation of complications in a settled matter is not proper. Therefore, I do agree with the opinion of Prime Minister Aqueel ung and Waliad - Damuna that the vive villages Kesrojlg - Wagulgaon - Bahadurpally - Mianpur and Maktha Malgnttiguda along with proceeds be given to Rafiunnisa Begum".

The Firman dt. 07.07.1949 true extract is as under:-

"As per the opinion of the Board of Trust, the succession of the four villages of Paigah, belonging to late Rafiunnissa Begum, i.e. Jaiser Jolga, Vakulgaon, Miyanpur and Bhadurpally be granted in the name of her son, Khaisaruddin Khan. Whatever position enjoyed by late Rafiunnissa Begum over those villages, the same shall be enjoyed by Khaisaruddin Khan".

It is also submitted that the deposition of Khaisaruddin Khan, dated 22nd Dai 1356 Fasli given in the Atiyath Enquiry Proceedings is also confirms the above Firmans and that the lands are given under the Shariat Law. The Board of Revenue, vide its order, dated 29.12.1976, held as under:-

" The record shows that the Nazim Atiyat had not confirmed the two villages on the ground that the Paigah had not included them in its claim. The Firman has been perused and it is seen there from that in Order III. Para 5 the villages given to the appellant's predecessors in title are expressly confirmed. The Paigah had also sanctioned succession in respect of these villages. In these circumstances the Order passed by the Nazim Atiyat is set aside and the appeal is allowed".