The character of an inam is determined by the construction of the entries in the inam extract, and in the absence of other evidence, the entries are followed as the basis for determination.

K. VEERASWAMI, C. J. :- These are appeals filed by the Jamia Masjid Mosque, Karur, in the one case and by the tenants in the rest. The Mosque represented by its Mutavalli in the suit instituted by it asked for a decree for rent due from the tenants in possession of lands covered by T. D. No. 1555 inam Karur village. The tenants have been separately sued by Kazi Syed Abdullah Batcha for recovery of rents in respect of some of the lands covered by the same title deed. The dispute between the parties, more especially the Mosque on the one side and Kazi Syed Abdullah Batcha on the other, was whether the grant covered by title deed No. 1555 was a personal inam burdened with performance of the service of Kazi or was to the office of Kazi attached to the mosque. The first two courts differed in their views on that question, the first appellate court holding in favour of the mosque. Kailasam, J. in second appeal reversed that judgment and restored that of the trial court. We may mention that throughout the several suits and appeals have been disposed of by a common judgment. O. S. No. 218 of 1960 had been instituted by Kazi Syed Abdulla Batcha against the Wakf Board for a declaration that the inams covered by title deed Nos. 1555 and 1285 did not constitute wakf. It has been held that the properties did constitute wakf and the question does not survive before us and no appeal has been filed arising from O. S. No. 218 of 1960. No question, therefore, arises in these appeals as to the inam covered by title deed No. 1285. The character of the inam comprised in title deed No. 1555 turns on the construction of the various entries in the relative inam extracts and our view as to their cumulative effect. Apart from the inam extract, there is no other evidence. The inam proceedings as an act of State have been given due importance and entries from Inam Extracts in the absence of other evidence have been followed as the basis for determination of the character of inam. In the context of each entry and of the total effect of all the entries Courts have made observations from time to time, but it seems to us that eventually the decision will depend upon what view a court is inclined to take of the entries read individually and collectively in the given case.

2. Title deed No. 1555 itself has not been produced before us. But the inam extract relevant to it describes the general class of the inam as Dharmadayam. The subject matter of the grant was garden land classified as dry. The extent of the grant has been given by reference to measurement in terms of acres. The description of the inam in column 8 is that it was a Kazi inam and it was free of tax. In column 10 which relates to 'hereditary unconditional for life only, or for two or more lives" the entry is "permanent". The inam is noted to have been granted by one Krishnaraja Udayar and the date of the grant as not known. The grant was not testified by any written instrument. The name of the original grantee is mentioned to be not known in column 13. But in column 14, which is "name entered in the register prepared according to Regulation XXXI of 1802 or in the permanent settlement accounts and relationship of persons so entered to original grantee" one Namadullah has been mentioned. There is no evidence as to how this man was related to any of the Kazis. In the 15th column relating to "name entered in the survey or in any subsequent accounts and relationship to predecessors" it is mentioned with reference to Fasli 1233 "Mulla Kazi Inam". Columns 16 to 20 relate to particulars regarding present owners and if the inam has been sub-divided the name etc of each sharer. There is no precise information given under these columns. But in column 16 "name and age" we have the entry 'Karur, Kazi Syed Ahmedsha, aged 45' and in column 18, the entry is "Brother's grandson to the registree-unmarried daughters - in Fasli 1214 - brothers 3, wife 1".

In column 19, we have 'wife 1' and in column 20 do's s