The question for decision in this Revision Petition is whether the Government is a necessary party to the suit.

The Suit O.S. No. 193 of 1948 was instituted for a declaration that the resumption proceedings and the orders of the Revenue Divisional Officer, Erode, and the District Collector, Coimbatore, with reference to the suit property were null and void and that they would not affect the plaintiff’s right, tide and enjoyment of the suit lands or alternatively for declaring that the inam in the suit land was only of the melwaram and that it could alone be resumed and regranted to the defendant. The suit was contested and one of the issues which was tried as a preliminary issue is “whether the Government is a necessary party to the suit.” The lower court held that the Government was a necessary party and hence this revision petition by the plaintiff.

The plaintiff’s case is that the defendant applied to the Revenue Divisional Officer, Erode, under section 44-B of the Hindu Religious Endowments Act for resumption of the suit land on the ground that it was a service inam granted to his forefathers and the reason for the resumption was that the plaintiff was his lessee for many