Judgement

Appeal from a judgment and decree of the High Court (October 18, 1910) reversing the decree of the Subordinate Judge of Madura, and restoring the decree of the District Munsif of Sivagunga.

The suit was instituted by the respondent, the head of a math or religious institution, to recover possession of certain land which formed part of the endowment of a Hindu temple attached to the math. The appellants were in possession and claimed under a perpetual rent-free lease, made in 1897 by the predecessor of the appellant in consideration of a payment of Rs.93.12.

The facts appear from the judgment of their Lordships.

The District Munsif made a decree for delivery of the land cleared of certain erections which had been constructed upon it. He found that for a very long time permanent leases for a premium had been granted of the temple lands according to a local custom, but held that the custom did not in law justify the grant.

The Subordinate Judge, upon appeal, set aside the decree. He considered that the case was distinguishable from other decisions as to permanent leases in that the land was not producing any revenue. He thought that the question was whether the grant was an