This second appeal has been referred to a Bench by Subba Rao, J., for a decision about the proper construction of section 44-B of the Madras Hindu Religious Endowments Act (II of 1927).

The property in dispute was among those originally granted in inam to the ancestors of the predecessors in interest of the respondents for the performance of parak service in the pagodas of the village of Panyam in Nandyal Taluk of the Kurnool District. The Service is described in column 8 of the Inam Fair Register as follows:

“Granted for attending the procession in the pagoda with silver slicks, going before the idols and crying aloud at certain intervals”.

The total extent of the lands covered by the grants and title deeds is over 115 acres of dry, wet and garden lands and is covered by two title deeds. The conditions of the grant as set out both in the Inam Fair Register as well as in the title deeds make it clear that the grant was to enure "so long as the conditions of the grant are duly fulfilled". The Courts below have held on a construction of the Inam Fair Register, etc., that the grant comprised both the warams and it is unnecessary to canvass the correctness of this