OPINION

RAMASWAMI, J. :- (delivering judgment on behalf of himself and

SOMASUNDARAM, J. :- This Full Bench has been constituted on a reference made by one of us in the following circumstances :

2. The disputed property is two cents of land in the heart of Madurai Town and forming part of T. S. No. 1522. It is stated to be Devadhayam land granted for the Kalanji service (supply of betels etc. in a silver or gold cup during palliyarai pooja and Navarathri) in Sri Meenakshi Sundareswarar temple. It is common ground that a valuable building has been constructed on it. We have to point out at the very outset that in the earlier proceedings of O. S. No. 21 of 1950 this character of the land never came to light - vide plaint, written statement, issues and judgment therein. It is only in the subsequent execution stage just before the confirmation of sale that documents have been filed for showing that these two cents are service inam.

3. These two cents of land came into the possession of G.G. Kuppuswami Aiyar under several alienations with which we are not concerned here. G.G. Kuppuswami Aiyar mortgaged the property to the Vasantha Chit fund, the original decree-holder in O. S. No.