JUDGMENT :

MANOHAR PERSHAD, C.J.:— This Letters Patent Appeal is directed against the judgment of our learned brother, Chandrasekhara Sastry J., dismissing the appeal filed by defendants 1, 2, 5 and 6 and allowing the Memorandum of Cross-Objections, tiled by the plaintiff, in part and modifying the decree passed by the lower court.

2. The respondent herein, Sree Hanumanulupeta Sankara Matam (hereinafter referred to as ‘the Matam’) filed the present suit for declaration of the Matam's title to the plaint schedule properties and for possession of the same ejecting the defendants therefrom. The plaint schedules properties originally belonged to Sri Madapati Venkateswara Rao. They were gifted by him to the Matam, which was started by the late Sri Paramahamsa Chidananda Saraswati Swamy in or about the year 1917. At that time, 1214 sq. yards of site was gifted for constructing the Matam by Madapati Venkateswara Rao although no gift deed was actually executed then. Items 1 and 2 of the plaint schedule lie on the south of the Matam building. These also were gifted to the Matam for the construction of a school and other institutions. After the death of Venka-teswata Rao in the year 1917, hi