1. A philanthropist by name Kunhammad Haji, made a gift of bis land to a registered society in the year 1970. But after his death the subject matter of the gift unfortunately became the subject matter in two litigations including the present one, though the extent of the land is only 20.75 cents. The donee is the Muslim Educational Society which is popularly known by the initial letters of its three words M.E.S.

2. As per Ext.Al gift deed, the donor Kunhammad Haji donated the suit property in favour of the 1st defendant (M. E. S.). A building was constructed on the said land wherein a hospital was housed for some time. When the society found it difficult to pull on with the hospital due to variety of causes, its office bearers resolved to use the building for accommodating another institution by name "Industrial Training Centre", which hitherto was functioning in a distant place (Kuttiadi). At that stage one T. K. Pariyayi who is a close relative of the donor, filed a suit in the Sub Court, Badagara as O. S. No. 95 of 1982 to restrain the society from using the building for any purpose other than running a hospital. But the said suit happened to be dismissed in 1982 itse