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1905 DIGILAW 57 (MAD)

Shiva Rao v. Nagappa

1905-08-21

S.SUBRAHMANIA AYYAR, SANKARAN NAIR

body1905
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 appellants 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 appellants 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.