( 1 ) THE instant appeal is directed against the judgment and decree dated 11-09-1996 passed by the learned Subordinate Judge, bhimavaram, in O. S. No. 26 of 1988.

( 2 ) THE unsuccessful defendants 1 to 3, 5 and 8 in the suit are the appellants. The first respondent herein is the plaintiff and the other defendants in the suit have been arrayed as other respondents herein. The suit was filed for declaration that the plaint schedule property which is trust property belongs to the plaintiff and for consequential relief of possession and for directing the defendants to pay damages at Rs. 1,09,000/- for use and occupation of the same and also for future profits and costs.

( 3 ) THE case of the plaintiff as can be seen from the plaint is as follows: The plaintiff ashramam was founded in or about the year 1946 by one Alluri Bhagavanraju under a registered Trust Deed dated 06-08-1946. The plaint schedule mentioned property along with some other properties were endowed to the plaintiff under the said Trust Deed dated 6-8-1946. The Trust was constituted with the intention of running an Ayurvedic Dharma vaidyasala where the patients are to be treated freely or to run an ayurvedic vaidyalayarn or both for the purpose of free treatment of patients and for training the students and for conducting All India ayurvedic Maha Mandali Examinations and also to impart Sanskrit to students. It was further mentioned in the Trust Deed that the building and site in the plaint schedule property should be used for running an Ayurvedic Free Clinic or Ayurvedic Educational Institution or for both. As per the terms of the Trust Deed, the said Alluri Bhagavanraju, the founder trustee, shall act as managing trustee of the plaintiff Trust for his life time and S/sri Dantuluri Narayanaraju, Gokaraju Srirama Raju, Alluri Venkatapathiraju and Kalidindi Narasimharaju were nominated as Trustees. The plaintiff ran a free Ayurvedic Clinic in the plaint schedule building till or about the year 1968.

( 4 ) WHILE so, the sixth defendant -Educational Trust constituted by the seventh defendant who was managing the affairs of the Trust through its Chairman requested the plaintiffs managing trustee Alluri Bhagavanraju in or about the year 1968 to allow sixth defendant to make use of the schedule premises temporarily for running its educational institution in Bhimavaram as it was not having any building of its won. The seventh defendant agreed to vacate the said premises within a year or two by securing some other accommodation preferably in or around Prakruthi Ashramam, Bhimavaram. Believing the said representation, the plaintiff permitted the seventh defendant to run the educational institution of the sixth defendant in the premises purely on temporary basis.

( 5 ) WHILE things stood thus, in or about the year 1975, the defendants 4 and 5 have taken over all the institutions that are being run by the sixth defendant. The defendants 4 and 5 have been running a Junior College, by name, Kasturiba Government Junior College, the eighth defendant institution in the schedule premises under the direct control and supervision of the defendants 1, 2 and 4. Subsequently, the plaintiff managing trustee demanded the defendants to vacate the schedule premises and hand it over to him for running an Ayurvedic Free Hospital as per the terms of the Trust Deed. A notice dated 06-02-1980 was also issued to some of the defendants to deliver the possession of the schedule premises but the defendants failed to vacate the premises. Hence, the suit.

( 6 ) THE suit was resisted by filing a written statement by the third defendant which was adopted by the defendants 1,2,4,5 and 8 by filing a memo. The defendants 6 and 7 remained ex pane. The substantial plea taken in the written statement was that when the seventh defendant requested the plaintiff to allow him to run the Junior College in the plaint schedule building permanently without any rent, Alluri Bhagavanraju accepted the request of the

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