Kunhi Raman, J.

1. An interesting question of law arises for decision in this second appeal. Defendant 1 is the appellant. The suit was for a permanent injunction restraining the defendant from interfering with the plaintiffs peaceful possession and enjoyment of the suit properties and the performance of the religious services which are referred to in the plaint. It is conceded by the parties that the property which is the subject-matter of the litigation was originally granted by the Nawab of the Carnatic to one Nirgum Bi, the mother of the plaintiff Roshan Bi. The service to be performed by the inamdar was connected with the celebration of the mohurrum every year. Nirgum Bi executed a document, Ex. l, on 25th October 1873. This is described as "guardian and dharmakartha kararnama" and it was executed in favour of Nirgum Bis son-in-law Dastagir. The recitals in this document are that Dastagir is the only senior male member connected with the family who can be relied upon to manage the properties because on the date of the document Roshan Bi and Budan Khan, the two other children of Nirgum Bi, were minors. The document conferred a right upon Dastagir to manage the properties