Alfred Henry Lionel Leach, C.J.

1. This is an appeal from a decree passed by the Subordinate Judge of Madura in a suit filed by the respondent under the provisions of Section 44(B) of the Madras Religious Endowments Act, 1926, for a declaration that two parcels of land situate in the Villages of Anuppanadi and Ponmeni were granted in respect of the Sikaram kaval service at the Sri Minakshi Sundareswaral temple, Madura, and that the lands were liable to resumption as the result of the failure of the grantees to perform the service, The appellants bought one of the parcels of land and the appeal is confined to the area which they purchased. It measures 5.9 acres.

2. Sub-S. (1) of Section 44 (B) provides that a sale of the whole or a portion of an inam granted for the performance of a charity or service connected with a math or temple and made, confirmed or recognized by the British Government, shall be null and void. Sub-S. (2), states that the Collector may resume the whole or any part of an inam of this nature if it has been sold, or the holder has failed to perform the services, or the math or temple has ceased to exist, or the charity or service in question has become impos