( 1 ) THIS Letters Patent Appeal is, preferred by the original defendent - Gram panchayat of Teluguraopalem being aggrieved by the judgment and decree of the learned single Judge dated 27-3-1989 in Appeal No. 628 of 1982. By the impugned judgment and decree the learned single Judge decreed the suit of the respondent/plaintiff Srikakuleswaraswamivari temple, Srikakulam by reversing the judgment and decree of the Subordinate Judge, Machilipatnam, dated 21-7-1980 passed in O. S. No. 70 of 1975. In other words the learned subordinate Judge, Machilipatnam had dismissed the suit of the plaintiff, but the learned single Judge decreed the same. It is in these circumstances it is the defendent who is an appellant before us.

( 2 ) IN order to appreciate the rival contentions we summarily note the facts of the case. We refer to the parties as per the ranking assigned to them in the trial Court. The plaintiff filed a suit for declaration and injunction but latter sought for possession by amending the plaint regarding a tank popularly known as "srikakuleswaraswamivari cheruvu" situated at a distance of 100 yards from the plaintiff temple. The tank is situated in Teluguraopalem