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1933 Supreme(Mad) 280

VENKATASUBBA RAO
Sami Ayyangar – Appellant
Versus
Venkatramana Ayyangar – Respondent


JUDGMENT

Venkatasubba Rao, J.

1. On a construction of the entries in the Inam Register (Ex. 1), I am disposed to hold that the grant was not to the deity but was to Venkatachalla Ayyanger and that it was burdened with service. Column 15 of the Register shows that the name of Rama Ayyangar, Yenkataohallas father, was entered in the account of 1803 (fasli 1213). The use of the word "Devadayam" does not necessarily import that the grant was made to the temple, for the words, to which I attach great importance, are those that occur in Col. 21. They are to the following effect:

To be confirmed to the patty in column 16 as long as he continues the performance of the services.

2. The question whether the grant is to an institution represented by its manager, or to a named individual who fills a certain character, is often a difficult one. In this case, the "present owner" is stated to be "Kalyana Bamaswami Archaka Yenkataohala Ayyan" (Kalyana Bamaswami being the name of the deity). Whatever ambiguity may attach to these words, column 21, to which I have referred, is explicit and unequivocal. If the party referred to in that column be understood to be the deity, what would be the result?

3. The




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