Judgement

BACHAWAT, J. : In the village of Thenkarai in the Madurai District there is an ancient temple of Sri Thirumoolanathaswami. Inams were granted by Hindu kings for performance of services of watchman, palanquin-bearer, background music player, dancing girl, musical instrument player, mason, blacksmith, carpenter, potter, washerman connected with the temple. The inams were confirmed by the British Government. For over 80 years, the inams were in the enjoyment of alienees from inamdars. By an order passed on April 10, 1947 under Sec.44-B of the Madras Hindu Religions Endowments Act, the Revenue Divisional Officer, Usilampatti resumed the inam lands and regranted them to the temple. On October 17 1947, his order was confirmed on appeal by the District Collector. The Revenue Divisional Officer and the District Collector held that the inams comprised both melwaram and kudiwaram rights in the land. The orders were passed on notice to the alienees. The alienees instituted a suit in the Court of the Subordinate Judge, Madurai under the proviso to Section 44-B (2) (d) (ii) asking for a decree declaring that the inam grants consisted of the melwaram only. The suit was withdrawn to the