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1934 Supreme(Mad) 353

HORACE OWEN COMPTON BEASLEY, KT.
Soora Ramakrishnamma – Appellant
Versus
Pasumarthi Venkata Subbiah – Respondent


JUDGMENT

Horace Owen Compton Beasley, Kt., C.J.

1. In this appeal the question for consideration is whether a dasabandam inam is capable of alienation. According to the foot-note to Standing Order 56 of the Standing Orders of the Board of Revenue "a dasabandum inam is a grant of land or of Revenue as compensation for the construction of a tank, well or channel; the grant generally, though not invariably, carries with it the condition of keeping the work in repair. If the inam consists of land, it is called Khandam dasabandam; if it is an assignment of revenue, it is called shamilat dasabandam". In the present case the dasabandam inam was sold in execution of a decree against the inamdar and the question was whether the sale was invalid and also whether the inamdar was estopped from questioning that Court sale which he had allowed to be held without protest. Both lower Courts held that the Court sale was invalid because land burdened with the performance of a service of a public nature is inalienable being opposed to public policy. This ruling was based upon the decision in Neti Anjayaneyalu v. Sri Venugopala Rice Mill Co. Ltd. I.L.R.(1922) 45 Mad. 620 : M.L.J. 477 . The question here


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