SUBBA RAO, C.J. :- This is an appeal against the order of Venkatarama Ayyar J., allowing an application filed by the trustee of Sri Kalahasteeswaraswamy temple for the issue of a Writ of Mandamus prohibiting the State of Madras from taking possession of the village of Kalahasti.

2. The village of Kalahasti formed part of the ancient Zamindari of Kalahasti, which is one of the impartible estates included in the Madras Impartible Estates Act (II of 1904). In the year 1791-1792, the Rajah of Kalahasti granted the village in inam to the temple. At the time of the permanent settlement in 1802, peishkush was fixed in regard to the entire Kalahasti Zamindari not by taking into account particular assets of the Zamindari, but by computing military service. See Secretary of State v. Raja of Venkatagiri, ILR 44 Mad 864 : (AIR 1920 PC 168) (A), and Navaneetha Krishna v. Ramanujulu Chetty, 54 Mad LW 120 : (AIR 1942 Mad 56) (B). The effect of that process was that the pre-existing inams, including the inam of the village of Kalahasti, were not excluded from the assets of the Zamindari. The inam of the village of Kalahasti, therefore, continued to be held on a permanent under-tenure under