Judgment

HEGDE, J.:- A short, nonetheless interesting question of law arises for decisions in this appeal by certificate, and the question is whether a tank can be considered as a charitable institution within the meaning of those words in Section 2 (E) of the Andhra Inams (Abolition & Conversion into Ryotwari Act) 1956 (Act No. 36 of 1956) (to be hereinafter referred to as the Act.)

2. The Inam with which we are concerned in this case stands abolished under the Act. The appellant wants the property comprised in that Inam to be registered in his name. His contention is that prior to its abolition he was the Inamdar of that Inam though he had the liability to repair the tank in his village from out of the income of that Inam. The Authorites under the Act have rejected his claim that he was the Inamdar of the Inam in question. They have come to the conclusion that the Inam was in favour of the tank and that he was in possession of the Inam property only as the Manager of the tank which according to them was a charitable institution. This conclusion has been upheld by the High Court.

3. It is not known as to who granted the Inam in question. The grant is lost in antiquity. The only evid