Walter Sales Schwabe, Kt. C.J.

1. In this case an inam was granted by a Zamindar to the ancestor of the petitioner on terms that he should do Swastivachakam service in a temple and he and his family should enjoy the inam so long as they did this service. In 1860 the Inam Commissioner confirmed the grant "to be continued so long as the service was performed". This appears from the extract from the Inam Register produced before us. The total area of the land comprised was about ten acres, the produce or revenue from which would be not more than sufficient to provide a living for the inamdar for the time being.

2. A judgment having been obtained by the respondent against the present inamdar, he applied to attach the land comprised in the inam in execution and he desires the Court to sell it to satisfy the judgment debt. On behalf of the inamdar it is contended that so long as the services are rendered the land is not saleable in execution. Now, it is clear law that the Court can only sell in execution property which the judgment-debtor can lawfully alienate, and the question to be decided is whether an inamdar can sell the property. It is argued on his behalf that it cannot be a