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1938 Supreme(Mad) 229

WADSWORTH
N. Swaminatha Aiyar – Appellant
Versus
Kuppuswami Aiyar alias Ramaswami Aiyar – Respondent


JUDGMENT

Wadsworth, J.

1. The appellants and the respondents were claimants of money deposited in Court under Section 31 of the Land Acquisition Act. They represented different branches of one family which owned originally certain lands handed over under Ex. XVIII to one Ramaswami Aiyar the ancestor of the respondents, who was to perform certain charitable trusts and keep any surplus which there might be after the performance of those trusts. The lands now acquired by the Government consist of a portion of the land covered by this dedication; another portion has been previously acquired and out of the proceeds arrangement has been made for the income necessary to carry out the trusts. The respondents as descendants of the original manager of the trust claimed an exclusive right in the proceeds of the present acquisition. The appellants on the other hand claimed that they were entitled to a share. The trial Court went into the matter and decided that the appellants were not entitled to any share in the compensation amount and that it was payable entirely to the respondents descendants of Ramaswami Aiyar. There was an appeal by the present appellants (claimants 7 and 8) to the District





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