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25. The reliance placed by Mr. Rajadhyaksha, learned senior counsel, on the decision of the Apex Court in Ameer-un-Nissa Begum (supra) is misplaced. In this case by firman dated 19th February, 1939, the Nizam constituted a Special Commission to investigate and submit a report to him in a case of succession to a deceased Nawab which was transferred to SSK/ 20 judgment app (l) 40 & 70.12 the commission from the file of Darul Quaza Court. A firman dated 26th June, 1947, declared the report of the commission worthy of implementation and directed it to be implemented. The report was transmitted to the Chief Justice of the Hyderabad High Court for execution with a direction that report for distribution of 'matrooka' property should be submitted for the Nizam's sanction before carrying it into effect. Later on, the previous order was withdrawn by a firman dated 24th February, 1949 and the decision of the Special Commission was set-aside in respect of certain claimants. This firman was again revoked by a fresh firman dated 7th September, 1949, and the case was referred to another person for opinion and report. Considering the effects of these various firmans, the Apex Court held that the report of the Special Commission could not per se operate as a decree. The Apex Court held that if the firman dated 24th February, 1949,was to set-aside the decision of the Special Commission in respect of certain claimants and though the subsequent firman dated 7th September, 1949 revoked the earlier firman, it did not restore the decision of the Special Commission. The Apex Court further held that in these circumstances, there was no final and conclusive determination of the rights of the parties in existence after the order of 7th September, 1949, which was capable of execution as a decree.

In short, the Apex Court held that by firman dated 7th September, 1949, the earlier firman dated 24th February, 1949, was revoked. However, the original firman dated 26th June, 1947 cannot be revived. The above conclusion of the Apex Court was based upon the fact that firman dated 7th September, 1949, did not repeal the earlier firman of 24th February, 1949, 'simpliciter' but made a further provision providing for fresh enquiry and report which presupposed the continuance of the repeal of the original firman dated 26th June, 1947. In our considered view, the ratio of this case cannot be made applicable to the facts and circumstances of the present SSK/ 21 judgment app (l) 40 & 70.12 case, as order dated 25th February, 2011, was never vacated or set aside either by the District Court or by the Superior Court respectively.