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TMI Blog1954 (7) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... gamurthi sold 1 acre 90 cents of item 1 and item 2 to the 1st Defendant. Likewise he sold 1 acre 75 cents of item 1 to the 2nd Defendant on 21-2-1946. After the death of Sadasivalingamurthi, his widow Purnasundaramma surrendered her estate in favour of the Plaintiffs by a deed dated 5-9-1948 on the ground that the leases and sales were not supported by consideration and they were also void as opposed to public policy. The Plaintiffs filed the above suit for recovery of possession and profits. 2. The Defendants denied that the suit properties are service inam lands. They claimed that what was granted was only the melwaram in the suit lands. They averred that the leases and sales are valid and are fully supported by consideration. They finally pleaded that Section 44-B, Madras Hindu Religious Endowments Act, was a bar to the maintainability of the suit. The learned Subordinate Judge held on the evidence that the suit lands were service inam lands and that the leases and sales were void. He ruled that Section 44-B, Madras Hindu Religious Endowments Act, was not a bar to the maintainability of the suit. When a new point was sought to be raised for the first time, namely, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contrary to the ordinary devolution of property under Hindu law, we must hold that Government confirmed the grant to the named individuals and the successors-in-interest. If so, after the death of Sadasivalingamurthi, his widow Purnachandramma acquired a widow's estate land she was entitled in law to surrender her estate to the next heir, the divided brothers of her husband. 5. Reliance is placed on Board's Standing Order No. 57 which reads: In the case of unenfranchised inam held for subsistence or personal inams as they are generally called, the Collector should be guided by the terms of the title deed granted by the Inam Commissioner ... where inams have been confirmed on hereditary tenure, it must be remembered that they are not transferable by alienation and. that succession in cases is limited to the undivided brothers and to the direct lineal heirs of the-last incumbent, and failing them to the direct lineal heirs of the original grantee. Order 52 says: The rules under which inams have been settled by the Inam' Commissioner are given in Appendix I, and Collectors should be guided by them in the disposal of any cases still remaining to be settled. 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uced. In the absence of the original grant, the inam proceedings and the title issued by the Inam Commissioner, are of high evidentiary value. Exhibit A-1 is the Inam title deed. Under that title deed, the Inam Commissioner acknowledged the title of the grantees to 7 acres 70 cents of dry land. The document does not say that the melwaram interest of the grantees only was confirmed. The Inam Register in Col. 5 gives the extent of the inams as 7 acres 70 cents and in Col. 9 under the heading Whether free of tax i.e., Sarvadumbala, etc., or liable to quit rent, i.e., jodi, kattubadi, badiga etc. it is described as free. The said extent is confirmed in Col. 22. There is absolutely no mention in any of the columns of the grant being of the melwaram alone in the said extent. Exhibit B-1 is the Inam statement filed by the predecessor-in-interest of the Plaintiffs. In Col. 6 Particulars as to how the inam was acquired and the conditions , the following entry is found: In fasli 1196, Rajah Manikya Rao Tirupathi Rayanim Guru, the then Zamindar of Rachuru Taluk granted Arakutchalapolam manyam to Kasinadhuni Veeranna Ayyavarlu in the aforesaid Vantu. Therefore, Voleti Rayanna issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Mad) (A)'. There, unlike in this case, the entire question fell to be decided on a recital in Col. 12. Under the column Income realised from the Inam , the entry was ₹ 14/- Sarvadumbala; in the inam register the assessment of the inam was shown as ₹ 14/-. From a comparison of these two entries, the learned Judges held that the extent of the Inam was the amount of assessment. This view did not find favour with another Division Bench of the Madras High Court in - 'Bhagavathi Amman Temple v. Krishna Goundar 1949 2 Mad LJ 609 (B), where it was held that such recitals did not warrant the inference that the grant was in the nature of a mere remittance of the rent payable to the Government. The view expressed by the latter Bench was followed by another Division Bench of the same Court. In this case, the amount of assessment given in Ex. A-2, the inam register and the profits shown in Ex. B-1, the Inam Statement also do not tally, and therefore the basis for the said argument disappears. Apart from that, we hold from the other recitals in the inam statement, the Inam register and the title deed that the grant in the present case was of both the warams. 11. Now w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Collector, on appeal, where there has been an appeal, under sub-clause (i) or from the date of the expiry of the period prescribed under Sub-clause (i) for an appeal to the District Collector in a case where there has been no appeal. (e) except as otherwise provided in Clause (d) an order of resumption passed under this section shall not be liable to be questioned in any Court by suit or otherwise. 12. This section empowers the Collector to pass an order of resumption if an Inam described therein was alienated. Incidentally, he has to decide the extent of the inam, viz., whether it is of both the warams or of only the melwaram. The question whether the inam comprised both the melwaram and kudiwaram can be agitated by an aggrieved party by filing a suit in a Civil Court, but in other respects the order of resumption passed under this section shall not be questioned in any Court by suit or otherwise. The scheme of the section, therefore, is that the Collector is empowered to resume an alienated inam and the order of the District Collector on the question of resumption has been made final. This section does not either expressly or by necessary implication bar a suit by a se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e temple or math has ceased to exist to be used as a place of religious worship, whether before or after the commencement of this Act. 15. Somayya J. in - 'Venkata Narayana v. Hindu Religious Endowment Board, Madras AIR 1946 Mad 81(D) held that grants of land to persons burdened with service are not covered by the definition. We agree. The property endowed for the performance of any service connected with a temple in that section must be property given to the temple for the performance of service, or given as remuneration for performing service in a temple. The words cannot conceivably take in grants made to individuals subject to the performance of service, for the Act is neither intended nor purports to confiscate private properties. The explanation is only intended to enlarge the scope of the definition to take in properties described in the main section, even though the math or temple ceased to exist or ceased to be used as a place of religious worship. It is not intended to enlarge the scope of the definition so as to take in properties given to the individuals burdened with service. We, therefore, respectfully follow the aforesaid decision and hold that Section 44-B ..... X X X X Extracts X X X X X X X X Extracts X X X X
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