Judgment :

P. Sathasivam, J.

1) This appeal is filed against the final judgment and order dated 09.10.2000 passed by the High Court of Judicature at Madras in S.T.A. No. 12 of 1996 whereby the Division Bench of the High Court allowed the appeal filed by the respondents herein and set aside the judgment and order dated 15.07.1996 passed by the Minor Inams Abolition Tribunal (Subordinate Judge), Salem (hereinafter referred to as “the Tribunal”) in M.I.A. No. 1 of 1993 in favour of the appellant-Temple herein.

2) Brief facts:

(a) According to the appellant-Temple, in the year 1760, Krishna Raja Udayar, the Rajah of Mysore, granted the village of Jagadapady or Nattapatti together with 12 hamlets, to certain Brahmins. Komarapalayam was one of the 12 hamlets. The grant, however, was not by way of gift of either the land or any portion of the assessment thereon. A number of Brahmins subscribed and collected a sum of Rs.50,000/- “Rajagopala Pagodas”. Four of them, who represented the others as well, paid the amount into the treasury and obtained a grant of Jagadapady and 12 hamlets rent free from the ruler. When Tippu Sultan came to power, he resumed six of the 12 hamlets, allowing the suc