VUSA CHANDRAKANTAM Vs. VUSA SUBBARAYUDU

JUDGEMENT

(1.) This is a suit to establish respondent s (plaintiff s) right to, and to recover possession (after partition) of, a one-third share in certain inam lands attached as emoluments to a fanning service" performed by dancing girls to the god Sri Visweswara Swami in the village of Pedda-puram. The District Munsif gave a decree for recovery of possession and for a declaration of plaintiff s title during his life-time. The Subordinate Judge has amended the decree by removal of the limitation and has given a decree practically as sued for.

(2.) Plaintiff s title rests on a kararnama, Exhibit A, executed in 1854 by one Syamala, who then held the office and emoluments. She had at the time two daughters (from whom appellants Nos. 1 and 2 are descended) and a son of a deceased daughter (the present plaintiff). To these three persons jointly she made over all her properties (including the service inam lands), directing at. the same time (according to the plaint) that the two daughters should continue to perform the service. Shortly afterwards she died; and from that time till 1909 plaintiff claims to have been in joint enjoyment of the suit property along with his aunts and after them their female descendants who were actually performing the service. In 1909 appellants Nos. 1 and 2, who had then succeeded to the service, effected a mortgage of the suit lands. Thereupon plaintiff sued to establish his title and recover possession of a one-third share.

(3.) It is beyond dispute that the suit lands are service lands and attached to the fanning service" and are strictly speaking inalienable; that is to say, any alienation by an office holder is invalid after that office holder s life-time, and does not bind his or her successor (vide Minakshisundaram Pillai v. Chockalinga Royer 15 M.L.J. 10. and Pakkiam Pillay v. Seetharama Vadhyar 14 M.L.J. 134.