Judgment

WANCHOO, J. : This appeal on a certificate granted by the Andhra Pradesh High Court raises the question of the interpretation of S. 44-B (1) of the Madras Hindu Religious Endowments Act, No. II of 1927 (hereinafter called the Act). 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. The grantees of the land in this inam alienated a considerable portion of it and also ceased of perform the parak service. In consequence, the trustees of the temples at Panyam, applied to the Sub-Collector under S. 44-B (2) (a) (i) and (ii) of the Act for the resumption of the lands and their re-grant 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. An inquiry was conducted into these allegations, and it was held by the Revenue Divisional Officer, Nandyal, that the inam had been granted on the condition of parak service being rendered and that there had been breach of the co