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Shiva Rao Vs. Nagappa and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1906)ILR29Mad117
AppellantShiva Rao
RespondentNagappa and ors.
Excerpt:
land acquisition act i of 1894, section 54 - appeal against award--hindu law--charity properties prima facie inalienable. - - 1. we are clearly of opinion that an appeal lies against the award in so far as it directs the money to be invested in the purchase of government promissory notes, it being the appellant's case that, no order for investment should have been made, the laud being alienable......of opinion that an appeal lies against the award in so far as it directs the money to be invested in the purchase of government promissory notes, it being the appellant's case that, no order for investment should have been made, the laud being alienable. the language of section 54 of the land acquisition act (i of 1894) is wide enough to admit of an appeal in such a case as this.2. though the precise nature of the family charity is not slated, yet it is the case of both the parties that the land taken up by government was the endowment of the family charity. it is not the appellant's case that the charitable trust has been put an end to and so long as the trust lasts, the land is prima facie not alienable. the order for investment was therefore rightly made. if the appellant wishes.....
Judgment:

1. We are clearly of opinion that an appeal lies against the award in so far as it directs the money to be invested in the purchase of Government promissory notes, it being the appellant's case that, no order for investment should have been made, the laud being alienable. The language of Section 54 of the Land Acquisition Act (I of 1894) is wide enough to admit of an appeal in such a case as this.

2. Though the precise nature of the family charity is not slated, yet it is the case of both the parties that the land taken up by Government was the endowment of the family charity. It is not the appellant's case that the charitable trust has been put an end to and so long as the trust lasts, the land is prima facie not alienable. The order for investment was therefore rightly made. If the appellant wishes to have the investment changed and landed property acquired with the money deposited, that can of course be done on proper application.

3. The appeal is dismissed with costs.


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