Judgment

KAPUR, J. : This is an appeal against the judgment and decree of the High Court of Madras varying the decree of the trial court. The appellants were the defendants in the trial court and the respondent was the plaintiff who was represented by the sole trustee appointed by the Hindu Religious Endowment Board.

2. The suit was brought by the deity through the sole trustee for recovery of Rs. 3,480 towards the arrears of income of the property in trust for the years 1942-44 and for a direction for future payment at the rate of 160 bags of paddy per year or its equivalent i.e. Rs. 1,680. The plaintiff alleged that the property in dispute constituted a specific endowments for Kalyanotsayam of the deity and that the defendants who were trustees had committed default in carrying out the purpose of the trust. The prayer was for a decree for the recovery of expenses of Kalyanotsayam and of the feeding charges. The defence raised was that the inam was a personal grant for driving the car of the deity on the festival days and that it was not a specific trust or an endowment for the benefit of the idol. In other words it was a grant of the inam burdened with service to the god. There wer