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Mrinalini Dasi And Anr. v. Abinash Chunder Dutt And Ors.

Calcutta High Court
Apr 29, 1910
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Structured Summary of the Opinion

Factual and Procedural Background

The dispute concerns whether Hindu reversionary heirs can compel payment into Court of compensation money that was withdrawn by a person who held only a limited interest in ancestral land acquired under the Land Acquisition Act.

Two brothers, Purna Chandra Dutt (deceased circa 1890) and Abinash Chandra Dutt (the first defendant), held ancestral property in equal moieties. The deceased left a widow, Nistarini (third defendant), and two daughters, Mrinalini and Saiojini (the plaintiffs/appellants).

In 1897 part of the estate was acquired and Rs. 600 awarded. Later, anticipating further acquisitions, the first defendant paid Rs. 400 and procured from the widow (third defendant) a conveyance in respect of her share. In 1904 the property thus conveyed was acquired and compensation of about Rs. 6,855 was deposited with the collector. The first defendant withdrew about Rs. 5,755. The plaintiffs then sued (27 January 1906) seeking:

  • a declaration that the conveyance to the first defendant (taken in the name of his wife, the second defendant) was inoperative against them because it was not executed for legal necessity;
  • an order compelling the first defendant to bring back the withdrawn compensation into Court so it could be invested in Government securities;
  • a temporary injunction restraining withdrawal of the remaining sum in the collectorate.

The defendants contended the conveyance was for valuable consideration and for legal necessity, hence binding, and that the plaintiffs could not compel the money to be brought into Court.

The Courts below agreed that the conveyance was not for legal necessity and not binding on the plaintiffs, but differed on remedies:

  • The Subordinate (original) Court ordered the defendants to bring back the withdrawn money into Court for investment, with the purchaser (first defendant) to receive interest during the widow's life and the principal to go to reversioners thereafter.
  • The District Judge held the Court lacked jurisdiction to make such an order and limited relief to declaration only, leaving plaintiffs to litigate recovery after succession opened.

The plaintiffs appealed to the present Court, which heard arguments on whether the Court has jurisdiction to compel refund and order investment or other protective measures.

Legal Issues Presented

  1. Whether Hindu reversionary heirs are entitled to compel a holder of only a limited interest (here, the purchaser who procured a conveyance from the widow) to bring into Court compensation money withdrawn after acquisition of land under the Land Acquisition Act.
  2. Whether the Civil Court has jurisdiction to order the money to be invested (in purchase of other land or in approved securities) and to make interlocutory directions to protect the rights of reversionary heirs when a limited owner has converted land into money.
  3. If such jurisdiction exists, what form of relief is appropriate (direct payment into Court and investment versus acceptance of security or leaving the reversioner to subsequent litigation)?

Arguments of the Parties

Appellants' Arguments

  • The Court has jurisdiction to compel defendants to refund the sum withdrawn and to direct its suitable investment protecting the interests of reversionary heirs.
  • Section 32 of the Land Acquisition Act, though not directly on point, furnishes a useful analogy showing legislative intent to protect reversionary interests when land held by limited owners is acquired and converted into money.
  • Equitable principles and authorities (Story on Equity Jurisprudence and multiple cases) establish that Courts can secure funds in the hands of a limited owner for the benefit of ultimate reversioners.

Respondents' Arguments

  • The cases relied upon for intervention by the reversioners (notably Durga Nath v. Chintamoni as interpreted by respondents) were said to be stated too broadly; absent actual spoliation, the Court should not interfere with the widow's possession of movables.
  • It was contended that there is no express statutory provision authorising the Court to grant the relief sought and that the reversioners should take their chance of future litigation once succession opens.
  • As an alternative, the respondent suggested retention of the money by him subject to furnishing security in immovable property to the Court's satisfaction (which the Court rejected).

Table of Precedents Cited

Precedent Rule or Principle Cited For (as stated in the opinion) Application by the Court (how the opinion used or treated the authority)
Section 32, Land Acquisition Act (statutory provision) Provides that compensation deposited under Section 31(2) for land belonging to a person who had no power to alienate must be invested in purchase of lands to be held under like title and conditions or, if not possible, in Government or other securities. The Court treated Section 32 as expressing legislative intent to protect reversionary heirs where land held by a qualified owner (e.g., a Hindu widow) is acquired and converted into money; used as an analogy and guiding principle for remedial directions when the statute's effect is defeated by a conveyance to a third party.
Johnson v. Mills (1749) 1 Ves. Sen. 282 Cited by appellants to show equity powers to secure funds in hands of limited owners for benefit of ultimate reversioner. Referred to as supporting the proposition that courts have authority, in proper cases, to secure such funds; treated as part of the body of equitable authority justifying remedial directions.
Foster v. Metcalf (1903) 2 Ch. 226 Cited by appellants to support court's power in equity to protect reversionary interests. Considered among authorities showing courts' ability to secure funds for reversioners; used to bolster equitable jurisdiction argument.
Durga Ndth v. Chintamoni 8 C.W.N. 11 Cited (by appellants) as authority that Court can secure funds held by limited owners for benefit of ultimate reversioners. Noted by respondent as stated too broadly; Court nevertheless treated the line of authorities (including this) as indicating scope for equitable intervention when a limited owner's conversion of land into money would prejudice reversioners.
Hurry Das v. Rangamoni Dassee (1851) 2 Raylor & Bell 279; Hurry Dass v. Uppoornah Dassee 6 M.I.A. 433 Cited by appellants among older authorities indicating court powers to protect reversionary interests. Listed as part of historical authorities relied on to show that courts may secure funds in the hands of a limited owner; Court treated them as supportive antecedents.
Sheo Rattan Rai v. Mohri 21 A. 354; Sheo Prosad v. Joleha 24 A. 189 Held that Section 32 is applicable to Hindu widows who hold possession as limited owners. The Court relied on these decisions to establish that Section 32 was intended to apply to cases of Hindu widows as limited owners and so supports the protective purpose of the statute.
Mohammed Ali v. Ahmed Ali 26 M. 287 Related to acquisition of property governed by Morruma Katyain law where Tarwad had power to alienate. The Court treated this case as not conflicting with the view that Section 32 is for protection of reversionary interests; it was distinguished on its different legal context.
Nobin Kali Debi v. Bonalata Debi 32 C. 921 : 2 C.L.J. 595 Indicates that the Land Acquisition Court may have authority to compel refund of money wrongfully withdrawn. Noted as pointing toward Land Acquisition Court authority to order refunds; the Court did not decide the controversy between this and opposing authority but accepted the proposition that a Civil Court which declares a limited interest may give necessary directions to make its declaration effective.
Gobindo Ranee Dassi v. Brinda Ranee Dassi 35 C. 1104 : C.W.N. 1039 Holds the Land Acquisition Court is helpless to order refund; assumes Civil Court may provide adequate relief. Noted as representing a contrary view to Nobin Kali Debi; the Court observed the reasoning but found it unnecessary to resolve which view is correct because a Civil Court can grant effective relief here.
London North Western Railway v. Lancaster Corporation (1851) 15 Bev. 22 Where purchase-money was wrongly paid to owners instead of into Court under statute, owners could be compelled on motion to pay the purchase-money into Court for interim protection. Relied on as a direct authority supporting the proposition that a Court can compel payment into Court of funds that should have been brought into Court, for interim protection of rightful interests.
Kelland v. Fulford (1877) 6 Ch. D. 491 Illustrates that when land is converted into money by proceedings under Lands Clauses Act the money retains the character of the land until it vests absolutely in an owner. Quoted for the principle of 'constructive reconversion'—that converted money remains impressed with character of real estate and thus justifies protective equitable measures.
Ex parte Walker (1853) 1 Drewry 508; In re Harrop's Estate (1857) 3 Drewry 726 Authorities cited to support the idea that money paid in lieu of land retains the character of the land until vested absolutely. Used to reinforce the view that the conversion of land into money does not necessarily extinguish protections available to reversionary heirs.
Subba Reddi v. Chengalammam 22 M. 126; notes to Garth v. Cotton (1750) 1 Ves. Sen. 524 Cited by respondent to support that absent actual spoliation courts should not interfere with a widow's possession of movables. The Court recognised these authorities as representing the cautious approach to interference with a widow's possession of movables, but distinguished the present context (conversion of land by state acquisition) from ordinary movable inheritances.
Hurro Chunder v. Sooradhoonee 9 W.R. 402 Quoted (via Domat) for the proposition that judges must apply laws equitably to cases not expressly covered by statutory wording. Invoked to support the principle that Courts should apply general legal and equitable principles where statute does not provide a precise rule for a set of facts, thereby justifying equitable directions in this case.
Pomeroy on Equity Jurisprudence (cited) Describes the broader remedial powers of equity courts in suits to quit title or remove clouds, beyond mere declarations (e.g., injunctions and incidental relief). Relied upon to underline that the Court possesses ancillary powers to grant injunctive or other relief incidental to a declaratory judgment to make it effective.

Court's Reasoning and Analysis

The Court proceeded through the following analytical steps, applying statutory text, precedent, and equity principles strictly as stated in the opinion:

  1. Interpretation of Section 32: The Court found that Section 32 of the Land Acquisition Act plainly contemplates application to qualified owners such as Hindu widows who hold only a limited interest. It relied on prior decisions (Sheo Rattan Rai v. Mohri and Sheo Prosad v. Joleha) that applied Section 32 to widows with limited ownership, and distinguished Mohammed Ali v. Ahmed Ali on different legal facts.
  2. Effect of the conveyance: The Court acknowledged that the widow's conveyance to the first defendant had, in the events, defeated the direct application of Section 32 (i.e., the statutory protective result could not be achieved because the defendant had procured and relied upon an apparent absolute transfer and withdrawn funds).
  3. Remedy where statute is evaded: The Court rejected the respondent's submission that because Section 32 was evaded, reversioners should be left without relief. It held that when a Civil Court declares a limited interest in favour of reversioners but the defendant, under colour of an absolute deed, has taken funds which he would not otherwise be entitled to seize, the Court has "ample power" to give directions necessary to make its declaration effective.
  4. Support from precedent and principle: The Court cited London North Western Railway v. Lancaster Corporation for the proposition that a Court can compel owners to pay wrongly-received purchase-money into Court for interim protection. It also invoked authority (Kelland v. Fulford; Ex parte Walker; In re Harrop's Estate) establishing that money representing land retains the character of real estate until vested absolutely ("constructive reconversion"), supporting equitable protection of reversioners.
  5. Distinction of contexts: The Court emphasized a key distinction—where land in the possession of a limited owner (e.g., a Hindu widow) is compulsorily acquired and turned into money by the state, reversioners would otherwise have protective remedies against unauthorized alienation; the intervention of the state should not automatically strip away those protections by making the fund fungible and unidentifiable. This distinguishes the present class of cases from those where a widow inherits movables directly, where different equitable considerations about spoliation and non-interference apply.
  6. Equity and judicial duty: In absence of a statutory provision precisely covering the facts, the Court relied on equitable principles and Section 37 of Act XII of 1887 (as exemplifying judicial duty to apply law according to equity and good conscience) to justify remedial directions. It stressed the duty of Courts to ensure that a successful litigant obtains meaningful relief (the "fruits" of litigation), not merely a barren declaration.
  7. Rejection of alternative security suggestion: The Court rejected the respondent's proposal that retention of money subject to security in immovable property be accepted, observing potential futility, disputes about sufficiency of security, and the likelihood of protracted litigation at the time of enforcement—thus making such a compromise inappropriate.
  8. Form of relief: The Court concluded that the Subordinate Judge's order requiring the money to be brought into Court for investment (in purchase of other lands or in approved securities if purchase is not possible) was appropriate, with the adjustment that the Subordinate Judge should have discretionary power to invest in purchase of other lands and, if so done, the purchaser (first defendant) would hold as limited owner during the widow's life and the property would pass to the reversioners on her death.

Holding and Implications

Core Holding: The appeal is allowed. The Court held that the plaintiffs (reversionary heirs) are entitled to compel the defendants to bring the withdrawn compensation money into Court for the purpose of investment and protection of the reversionary interest.

Formal Disposition: The decree of the District Judge (which denied relief beyond a declaration) is set aside, and the decree of the Subordinate Judge (which ordered the money to be brought into Court and invested) is restored with a specified variation concerning investment discretion and the rights of the purchaser during the life of the widow.

Practical Consequences / Implications:

  • The Subordinate Judge is authorised (in his discretion) to invest the money in the purchase of other lands to be held under like title and conditions; if purchase is effected the first defendant will hold as a limited owner during the life of the widow and on her death the property will pass to the reversioners.
  • If immediate purchase cannot be effected, the invested funds may be placed in approved (Government or other) securities consistent with the direction of Section 32 of the Land Acquisition Act.
  • The Court rejected the respondent's proposal to substitute security for mandatory payment into Court, noting practical and procedural objections.
  • No broader precedent altering the law on interference with a widow's possession of movables was established; the ruling is confined to the specific context where land held by a limited owner has been compulsorily acquired and converted into money, and equitable measures are necessary to protect reversionary heirs.
  • Costs: The appellants are awarded costs both in this Court and in the Court of appeal below.

Note: This summary strictly reflects the content and reasoning contained in the provided opinion. No information has been added beyond the material appearing in the judgment text.

Show all summary ...

1. The question of law which calls for decision in this appeal is one of some novelty, and relates to the right of Hindu reversioners to compel payment into Court of a sum of compensation money withdrawn by a person who had a limited interest in property acquired under the Land Acquisition Act, in respect of which the claimants are the reversionary heirs. The circumstances which have led to the present litigation are not the subject of controversy between the parties, and maybe briefly narrated. The father of the plaintiffs, Purna Chandra Dutt and the first defendant, Abinash Chandra Dutt, were two brothers, and held their ancestral properties jointly in equal moieties. Purna Chandra died about the year 1890, and left a widow, Nistarini, who is the third defendant in this suit, and two daughters Mrinalini and Saiojini who are the plaintiffs-appellants before us. In 1897, a part of the ancestral estate was acquired under the Land Acquisition Act, and Rs. 600 was fixed as the compensation thereof. As there was a prospect of the acquisition of the other lands owned by the parties, the first defendant, upon payment of a consideration of Rs. 400, took conveyance from the third defendant in respect of her share of the properties described in the schedule to the plaint. In 1904, the property thus purchased by the first defendant was acquired under the Land Acquisition Act, and a sum of about Rs. 6,855 was deposited as the compensation money. After the first defendant had withdrawn about Rs. 5,755, the plaintiffs were apprised of these transactions, and on the 27th January 1906, commenced this action for declaration that the conveyance, executed by their mother in favour of the first defendant, (which had been taken by him in the name of his wife Hemangini, the second defendant), was inoperative as against them, as it had not been executed for legal necessity, and also for an order upon the first defendant to bring into Court the sum withdrawn by him, so that it might be invested in Government securities. The plaintiffs further prayed for a temporary injunction to restrain the first two defendants from withdrawing the sum still in deposit in the collectorate. The defendants resisted the claim substantially on the ground that the conveyance had been executed for valuable consideration and for legal necessity, that it was consequently binding upon the plaintiffs as reversionary heirs, and that, in any view, the plaintiffs Were not entitled to compel the defendants to bring back the money into Court. The Courts below have concurrently held that the transfer effected by the third, defendant in favour of the first defendant was not made for legal necessity, and that there was no foundation for the suggestion that the transfer had been made with the assent of the plaintiffs. In this view, the Courts below have declared that the transfer would not be binding upon the plaintiffs after the death of their mother. But the original Court and the Court of appeal have disagreed upon a fundamental point, which is the subject of controversy before us. The Come of first instance held that, in addition to the declaration, the plaintiffs were entitled to an order upon the defendants to bring back the money into Court so that it might be invested in Government securities so far as practicable, the balance, if any, being deposited in the Savings Bank with the result that the first defendant, as purchaser, would receive the interest during the life-time of the third defendant, and the money would be made over to the reversionary heirs after the death of the latter. The learned District Judge, on the other hand, has held that the Court has no jurisdiction to make an order of this description, that the plaintiffs must satisfy themselves with a declaration for the present, and that when the succession opens out in their favour, they must take the chance of litigation against the first defendant for recovery of the money. The plaintiffs have now appealed to this Court, and on their behalf, it has been argued that the Court has jurisdiction to compel defendants to refund the sum withdrawn from the collectorate with a view to suitable investment, and also to give appropriate direction for the disposal of the interest on the invested sum. In support of this proposition, reference has been made to Section 32 of the Land Acquisition Act, which, it has been suggested, though not directly applicable, furnishes a useful analogy. Reference has also been made to a passage from Story on Equity Jurisprudence, Section 845A, and to the cases of Johnson v. Mills (1749) 1. Ves. Son. 282; Foster v. Metcalf (1903) 2 Ch. 226 : 72 L.J. Ch. 554 : 88 L.T. 619 : 51 W.R. 529; Durga Ndth v. Chintamoni 8 C.W.N. 11; Hurry Das v. Rangamoni Dassee (1851) 2 Raylor and Bell 279 and Hurry Dass v. Uppoornah Dassee 6 M.I.A. 433, to show that the Court has ample power, if a proper case is made out, to secure funds in the hands of a limited owner for the benefit of the ultimate reversioner. In answer to this argument, it has been contended on behalf of the respondent that the case of Durga Nath v. Chintamoni 8 C.W.N. 11 formulates the principle of law applicable to the possession of movable properties by Hindu widows in too comprehensive terms, and that unless actual spoliation is established, the Court will not, as a rule, interfere. In support of this proposition, reference has been made to the case of Subba Reddi v. Chengalammam 22 M. 126; and the notes to Garth v. Cotton (1750) 1 Ves. Sen. 524 : 2 Whit and Tudor 970 Atk. 751. After careful consideration of the arguments which have been addressed to us on both sides, we feel no doubt whatever that the plaintiffs are entitled to compel the defendants to bring back the money into Court for the purpose of investment, and that it is wholly unnecessary to consider the right of a Hindu reversioner to interfere with the enjoyment or disposal of movable property inherited by a Hindu widow from her husband.

2. Section 32 of the Land Acquisition Act provides that if any money is deposited in Court under Section 31, Sub-section (2), and if to appears that the land in respect whereof the sum was awarded, belonged to any person who had no power to alienate the same, the Court shall, (a) order the money to be in vested in the purchase of other lands to be held " under the like title and conditions of ownership as the lands in respect of which such money shall have been deposited, was held, or, (b) if such purchase cannot be effected forthwith, then in such Government or other securities as the Court shall think fit. There can be no doubt that this section was intended to be applied to the case of the acquisition of lands held by a qualified owner in the position of a Hindu widow. It has been faintly suggested by the learned Vakil for the respondent that a Hindu widow in possession of the estate of her husband cannot be properly described as a person who has no power to alienate the same. There is, in our opinion, no force in this contention, for the Legislature obviously intended to apply the section to cases of persons who have no power to alienate the property acquired as absolute owner. Indeed, it has been ruled in the cases of Sheo Rattan Rai v. Mohri 21 A. 354 and Sheo Prosad v. Joleha 24 A. 189 that Section 32 is applicable to the case of Hindu windows who hold possession of the property acquired as limited owners. This view is not opposed to the decision in Mohammed Ali v. Ahmed Ali 26 M. 287, which related to the acquisition of property owned by a Mohamedan family governed by the Morruma Katyain Law, and in which it was held that the Tarwad had power to alienate the land. It is clear, therefore, that, but for the conveyance executed by the mother of the plaintiffs in favour of the first defendantm the property would have continued to stand in her name, and upon its acquisition it would have been obligatory upon the Court, under Section 32, either to invest the sum awarded in the purchase of lands, or to invest it in approved securities. That course, however, became impossible in the events which had happened, and the object of the law was defeated by means of the conveyance executed by the third defendant in favour of the first defendant, by which she professed to transfer absolutely for a sum of Rs. 3,000. Under these circumstances, it is contended on behalf of the respondent that, as Section 32 has been evaded successfully, the result which might have been obtained by its application, ought not to be allowed to be achieved indirectly. Now, it may be a matter for controversy whether when money has been withdrawn in violation of Section 32, the Land Acquisition Court can compel the refund of the money improperly withdrawn, and can take adequate steps to enforce its order made in that behalf. The case of Nobin Kali Debi v. Bonalata Debi 32 C. 921 : 2 C.L.J. 595 indicates that the Land Acquisition Court has such authority, while the case of Gobindo Ranee Dassi v. Brinda Ranee Dassi 35 C. 1104 : C.W.N. 1039, on the other hand, seems to hold that the Land Acquisition Court is helpless in the matter; but this latter view was adopted on the assumption that the Civil Court, in a suit properly framed for the purpose, may afford adequate relief. The learned Judges observed, that although a Court may have inherent power to order a refund of money which has been wrongfully obtained by any party by an abase of its process, a District Judge is not entitled to order a refund of money paid by a Collector under the Land Acquisition Act without any irregularity apparent at the time, and without any order from the Civil Court. It is needless for us to consider whether the view taken in the case of Nobin, Kali Debi v. Bonalata Bebi 32 C. 921 : 2 C.L.J. 595; or that adopted in Gobindo Ranee Dassi v. Brinda Ranee Dassi 35 C. 1104 : 12 C.W.N. 1039, is well-founded on principle. One position appears, to us to be beyond controversy, namely, that when a Civil Court gives a declaration, as the Court below has done in the present case, that a defendant has a qualified interest in property, but under the pretence of absolute ownership has taken possession of funds which he would not otherwise have been entitled to seize in view of the provisions of Section 32 of the Land Acquisition Act, the Court has ample power to give necessary directions to render effective the declaration which it has made. If any authority is needed for this proposition, reference may be made to the case of London North Western Railway v. Lancaster Corporation (1851) 15 Bev. 22. In that case, a Railway company, under pressure, paid the purchase-money for lands acquired under the Lands Clauses Act, 1845, to the owners of the property, instead of bringing it into Court under Section 69 of the Statute (8 and 9 Vict. C. 18); which corresponds with Section 32 of the Land Acquisition Act. Sir John Romilly M.R. ruled that, upon a bill filed by the company who had acquired the land, the owners would be compelled on motion to pay into Court the purchase-money in their hands for the purpose of interim protection. If we regard the matter as one of principle, it is obvious that the contrary view urged by the respondent is entirely unsustainable. As was pointed out by Sir George Jessol, M.R. in Kelland v. Fulford (1877) 6 Ch. D. 491 : 47 L.J. Ch. 94 : 25 W.R. 606, when land has beer converted into, money by reason of proceedings under, the Lands Clauses Act, the money remains impressed with the character of real estate see also Ex parte Walker (1853) 1 Drewry 508; In re Harrop's Estate (1857) 3 Drewry 726. In other words, till the money passes into the hands of a person absolutely in titled thereto, there is a constructive reconversion of it into land. To put the matter1 in another way, Section 32 makes it reasonably plain that, although an owner may be deprived of his land for the sake of public purposes, the Legislature intended that tile protection enjoyed by reversionary heirs, when land is in the hands of limited owners, should not, by reason of the acquisition alone, be completely withdrawn. This object would be defeated if upon the conversion of the land into money, the limited owner was allowed to seize the fund and to deal with it as absolute owner. If such a state of things was tolerated, the possibility would not, by any means, be too remote, that the ultimate owners may be deprived of the use of the fund upon the termination of the limited estate. There is obviously a fundamental distinction between the class of cases now before us in which land in the possession of a limited owner like a Hindu widow, or a transfer from her without legal necessity, is converted into money, and the other class of referred to by the learned Vakil for the respondent, in which a Hindu widow has come into possession of valuable movables as title heiress of her husband. In the class of cases now before us, but for the intervention of the state and the compulsory acquisition of the land, the reversionary heir would have ample protection against unauthorized alienation by the widow. The sole question, therefore, is whether as a necessary consequence of the conversion of the land into money, the protection which the reversioner would otherwise enjoy should be completely withdrawn. In the other Clause of cases, where a, Hindu widow as heiress comes into possession of cash or valuable movables left by her husband, the question arises whether the reversionary heir should be allowed to intervene, and restrict the enjoyment or disposition of the property by the qualified owner. In our opinion, there is no room for doubt that the Court has ample authority to give suitable directions for the protection of the reversionary heir who can legitimately contend that as land is capable of identification, while money is not ear-marked, his position ought not to be prejudiced needlessly by the compulsory conversion of the land in which lie is ultimately interested into money by the intervention of the state. The learned Vakil for the respondent has, however, argued that there is no express statutory provision which authorizes the Court to give such protection to the reversioner. This may be conceded; but it is well-settled that Courts in this country, in the absence of statutory provisions precisely applicable to a particular set of circumstances, are to act according to rules of equity, justice and good conscience; see, for example, Act XII of 1887, Section 37. As observed by Domat in a well-known passage (Civil Law 12, 17), which is quoted with approval by Sir Barries Peacock, C. 1., in his judgment in the Full Bench case of Hurro Chunder v. Sooradhoonee 9 W.R. 402 : B.L.R. Suppl. Vol. 985: Since laws are general rules, they ca nnot regulate the time to come, so as to make express provision against all inconveniences which are infinite in number and that their dispositions should express all the cases that may possibly happen. It is, therefore, "the duty of the Judges to apply the laws not only to what appears to be regulated by their express dispositions, but to all the cases where a just application of them may be made, and which appear to be comprehended within the express sense of the law, or within the consequences that may be gathered from if." In other words, the Court must be careful to see that the ultimately successful party does reap the fruits of the litigation and not obtain a merely barren success, otherwise the result would be a failure of justice for the administration of which alone Courts exist. It is clear that the Court has in suits of this description, which fall within the class of suits to quit title or to prevent or remove clouds on title, much wider powers than the grant of a mere declaration; the Court may, for instance, grant an injunction or any other incidental relief as the justice of the case may demand; (Pomeroy on Equity Jurisprudence, Volume 6, Chapter 36, Section 743, and Volume 3, Section 1128). In the case before us, though the provisions of Section 32 of the Land Acquisition Act are not directly applicable in the contingency which has happened, a contingency due entirely to the action of the defendant by, which he has defeated the application Of Section 32, and seized the compensation money under colon of a deed of absolute transfer, there is no room for reasonable default that the Court should give such directions as would effectuate the purpose which the Legislature had undoubtedly in view. In our opinion, the Court has ample power to compel the defendant to bring the money back into Court for the purpose of investment.

3. The learned Vakil for the respondent has suggested that if his contention should be overruled, he should be allowed to retain the money and be merely called upon to furnish security in immovable property to the satisfaction of the Court. We are clearly of opinion that this suggestion ought no, to be entertained. If a security were accepted questions might arise as to its sufficiency, and it is not improbable that when upon the death of the widow, an attempt will be made to enforce the security, protracted litigation may result besides, there is no reason why after the death of the widow, the reversioners should be compelled to have recourse to that at all to realise money o which they are lawfully entitled to take possession immediately upon her death. The order of the Court of first instance, therefore, so far as it goes, is appropriate; but the scope of ought to be widened in one direct ion Section 32 of the Land Acquisition Act provides that the compensation money may be invested approved securities, if it cannot be applied in the purchase of other lands to be held under the like title and conditions of ownership as he land acquired. We think that direction to this effect should be incorporated in the decree of the Court of first instance, namely, that the Subordinate Judge may, in his discretion, invest the money in the Purchase other hinds, that, if this is done, the first defendant would be entitled to hold possession of it as limited owner during the life-time of the widow, and that upon her death the property would pass into the hands of the then reversioners of the original owner

4. The result, therefore, is that this appeal must be allowed, the decree of the Distinct Hudge set aside, and that of the Subordinate Judge restored with the variation just indicated. The appellants are entitled to their costs both here and in the Court of appeal below.