Ramesam, J.

1. This appeal arises out of a suit by two members of the Muhammadan community (i) for a declaration that the resumption of the suit inam by the Government and conversion into a ryotwari land is not binding on the plaintiffs and other Muhammadan members of the community: and (2) for a declaration that the two mortgages, dated 16th March 1914, which were executed in favour of defendant 2, by defendants 3 to 7 and grandmother of the 8th are in" valid and cannot bind the suit property. Defendant 1 is the Secretary of State for India in Council and defendant 2 is the mortgagee.

2. The history of the suit inam may now be briefly stated. The earliest document we have got on record is an extract from Oakes Inam Register, Ex. X prepared in 1797. This was a register of inams probably prepared with a view to the passing of Regulation 31 of 1802, but, whatever it may be, it describes the suit land merely as an inam, fixes a certain amount of kattubadi in kind on it and shows that the inam was granted by one Mustapha Khollikanudu, probably a representative of the Moghul sovereigns. The date of the grant was Hijri 1108. The grantee is described as Sheik Ibrahim and the person