VISWANATHA SASTRI, J.

( 1 ) THE suit was brought for a permanent injunction restraining the dc fendants from interfering with the possession and enjoyment of certain carpenter service inam lands held by the family of plaintiffs 1 to 3. The lands were mortgaged in the plaintiffs to the first defendant who filed a suit on the mortgage, obtained a decree for sale and had the lands sold through Court at an auction sale at which he was the purchaser. Thereafter he sold the lands to the second defendant on whose contestfthe suit was dismissed by the Courts below as being barred by res judicata. The plaintiffs advocate contends that notwithstanding the mortgage, the decree thereon and the Courts sale that followed, it is open to them to plead that the service inam lands were inalienable and that the mortgage decree for sale and the court sale of such lands were null and void. Both sides have cited a large number of cases.

( 2 ) AN alienation of property may be prohibited either by statute or for reasons of public policy, that is to say, under what may be called the common law of India. A statutory prohibition of alienation might have been enacted on grounds of public policy or in order t

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