This is an application under Article 133, of the Constitution of India for leave to appeal to the Supreme Court against the decree and judgment of this Court dated 25th January, 1950, in Appeal No. 377 of 1948.

The trustee of Sri Chenna Kesavaswami Temple instituted O.S.No. 73 of 1946 on the file of the Court of the Subordinate Judge of Ellore, against several defendants for recovery of possession of certain properties and for mesne profits. The suit comprised of various items; but before the trial, the plaintiff compromised with some of the defendants and the suit was disposed on the merits only against defendants 1 to 6 and 17 to 28. Their claim related to items 1 and 7 of the plaint schedule. The case of the plaintiff was that the lands in question belong to the deity and the mortgages effected by the archakas were invalid and therefore the plaintiff was entitled to recover possession of the same with mesne profits. The 5th defendant who is the son of the mortgagee under Exhibit B-1, one of the impugned mortgages, raised the plea that he acquired a right by prescription, the mortgagee’s right. The Subordinate Judge decreed the suit in respect of both the items. In appeal,