MADURA MILLS COMPANY, LIMITED THROUGH ITS MANAGERS, A AND F HARVEY Vs. MADURA SRI MEENAKSHI SUNDARESWARAL, ETC, DEVASTHANAM, REPRESENTED BY ITS EXECUTIVE OFFICER, MRRSNAYUDU

JUDGEMENT

(1.) This is an appeal from a decree passed by the Subordinate Judge of Madura in a suit filed by the respondent under the provisions of Section 44(B) of the Madras Religious Endowments Act, 1926, for a declaration that two parcels of land situate in the Villages of Anuppanadi and Ponmeni were granted in respect of the Sikaram kaval service at the Sri Minakshi Sundareswaral temple, Madura, and that the lands were liable to resumption as the result of the failure of the grantees to perform the service, The appellants bought one of the parcels of land and the appeal is confined to the area which they purchased. It measures 5.9 acres.

(2.) Sub-S. (1) of Section 44 (B) provides that a sale of the whole or a portion of an inam granted for the performance of a charity or service connected with a math or temple and made, confirmed or recognized by the British Government, shall be null and void. Sub-S. (2), states that the Collector may resume the whole or any part of an inam of this nature if it has been sold, or the holder has failed to perform the services, or the math or temple has ceased to exist, or the charity or service in question has become impossible of performance. Any party, aggrieved by an order of the Collector may appeal to the District Collector and if the District Collector's decision is against him he may file a suit in a Civil Court for determining whether the inam comprises both the melvaram and the kudivaram or only the melvaram.

(3.) In this case it is common ground that the inam was granted in the time of the Karnatic Rajas and the service to be performed was the guarding of the Sikaram of this temple. The inamdars were required to provide four men as watchers throughout the day and night. The grant has not been produced and the evidence with regard to it consists of the statement made on behalf of the inamdars at the time the Inam Commission was sitting, the inam register and certain deeds of mortgage.