The President Of The Board Of ... vs Thadikonda Koteswara Rao And Ors. on 22 January, 1937
7. It was urged by counsel for that appellants that the words in the inam register that the grant was to continue as long as the service is performed were indicative of the fact that the grant was not to the deity but to them individually with the added obligation of spending from out of the income on the particular service to the deity. A combined reading of the two documents i.e. statement of the ancestor of the appellants and the inam register shows that the grant was a specific endowment and that the lands were endowed for the purpose of Kalyanotsavam and for other purposes incidental thereto and constituted a specific trust. The courts below have found this to be the nature of the trust and even if two inferences were possible from the reading of these two documents there is no reason why the view taken by the courts below should be interfered with particularly when there are admissions by the predecessors of the appellants which support the view of the courts below. Besides those words do not necessarily mean that the grant was to the individual with the added obligation to spend on the performance of service. In the present case it is not stated in the inam fair register that the grant was to be confirmed in favour of Buchayya and continue so long as the service was performed. This kind of language used in inam registers has been discussed in some decided cases in the Madras High Court e.g. Hindu Religious Endowments, Madras v. Thadikonda Koteswara Rao (A.I.R. 1937 Mad. 852) where this distinction was prominently brought out between the words "to be confirmed so long as the service is performed" and "to be confirmed to the party so long as he continues the performance of the services". The latter was held to be a personal grant and the former was not so held. We are therefore of the opinion that the finding of the High Court that the grant was a specific endowment for Kalyanotsavam of the deity and therefore a specific trust and not a grant to the appellant with the added obligation of spending on the service must be accepted to be correct.