1967 Supreme(Mad) 343
K.SRINIVASAN, R.SADASIVAM
Ayya Nadar – Appellant
Versus
Sri Vaidyanathaswami Koil Devasthanam, Madavar Villagam, Srivilliputhur through its Executive Officer – Respondent
Advocates:
K. Raja Ayyar, N. Ramachandran, K. Sarvabhauman and T. R. Mani, for Appellants.
The Additional Government Pleader (V. Ramaswami), N. S. Sharma, V. Vedantachari and A. Venkatesan, for Respondents.
Sadasivam, J.- These Letters Patent Appeals are against the dismissal by a common judgment of Second Appeal Nos. 126 to 133 of 1957, on the file of this Court, and confirming the concurrent judgments of the Courts below that the suit properties covered in the inam title deed No. 503 are service inam lands comprising both the warams and that the resumption of the inams by the Collector for default on the part of the service holders to perform the services is valid. The suits have been filed by the alienees from the original inamdars under section 35 (2) of the Hindu Religious and Charitable Endowments Act (XIX of 1951), to set aside the order of the District Collector, Ramanathapuram at Madurai, directing resumption of the inams at the instance of Sri Viadyanathaswami Koil Devasthanam represented by its Executive Officer, who figured as the first defendant in all the suits the second defendant being the State of Madras, representad by the Collector of Ramanathapuram at Madurai.
The original inam grant has not been filed in this case. The nature of the inam has to be ascertained only on a construction of the inam extract, Exhibit A 6 and the inam title deed, Exhibit B-1, in the light
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