High Courts(1914) 04 MAD CK 0035

Matte Sarayya vs Vepparathi Vydynatham

Madras High Court · Decided on 21 April 1914 · Citation: AIR 1915 Mad 226 : (1914) 1 LW 490 : (1914) 27 MLJ 57

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Judgment

6 paragraphs · 154 words
1.

There is nothing here to suggest that the inam was granted by the temple authorities. Ex. D is the title-deed given by the Government to the

person doing service in the temple, and makes the title conditional on the fulfilment of the terms of the grant. There is no ground on which the

temple trustees can intervene to prevent the alienation of the inam. No doubt the Government might resume and regrant it if moved to do so, and it

may be that if the present servant who is responsible for the alienation were removed from office, her successor in the office could recover the inam

on the principle enunciated in Pakkiam Pillay v. Seetharama Vadhyar (1908) 14 M.L.J. 134. But the trustees cannot recover possession of the

land in the present suit and we must reverse the decree of the Subordinate Judge and dismiss the suit. Parties pay their own costs throughout.