The alienees took the matter in appeal to the Collector but failed.
It has also been found that the grant to the inamdar was personal to him though burdened with parak service and number a service inam in the sense of the inam companystituting emoluments of any office.
Appeal from the judgment and decree dated January 8, 1954, of the Madras High Court in Second Appeal No.
the revenue authorities had numberjurisdiction to order the resumption of the inam under s. 44 B. The suit was resisted by the trustees who were defendants to it and their case was that the, inam was a religious service inam in the sense of being emoluments for the performance of service and alternatively that even if the grant was a personal inam, burdened with the performance of parak service, the grant was companyditional on the performance of the service and as there was breach of this obligation, the resumption and re grant were justified under s. 44 B. Certain preliminary facts are number in dispute number.
V. Viswanatha Sastri and P. V. B. Tatachari, for the appellant.
Somasundaram and T. Satyanarayana, for the respondents.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Thereupon they filed the suit out of which the present appeal has arisen and their main companytention was that.
to the Sub Collector under s. 44 B 2 a i and ii of the Act for the resumption of the lands and their regrant to the temples on the ground that the holders of the inam had alienated the property and had failed to perform the service required of them.
312 of 1949.
In companysequence, the trustees of the temples at Panyam applied.
The grantees of the land in this inam alienated a companysiderable portion of it and also ceased to perform the parak service.
March 16.
On these findings the resumption of the inam lands was ordered and the inam was re granted to the temples in Panyam village.
The point arises in this way.
The property in dispute was originally granted in inam to the ancestors of the predecessors in interest of the plaintiffs respondents for the performance of parak service in the pagodas temples of village Panyam in Nandyal Taluk of the Kurnool District.
752 of 1957.
It has been found by all the companyrts that the inam grant companyprised both the warams.
