The question for decision in this second appeal is one of construction of a deed of gift, Ex. P-2, executed on 20th March, 1918, by the first defendant, appellant before me, in favour of the second defendant, the Indian section of the Theosophical Society, Benares, represented by its General Secretary at the time, for the use and benefit of the local lodge at Coondapur. On 6th October, 1942, finding the suit property no longer required for the use and benefit of the local lodge which apparently had by that time ceased to exist and basing itself on the clause of reverter contained in Ex. P-2 the second defendant by its General Secretary at the time executed a deed of sale of the suit property in favour of the first defendant. The plaintiff, the first respondent before me, sued in the Court of the District Munsiff of Coondapur for recovery of possession of the entire subject-matter of the gift deed but succeeded in obtaining a decree for only a half which was later confirmed on appeal by the learned Subordinate Judge of South Kanara.

The first defendant appeals to this Court against the appellate decision, urging as he did in the courts below, firstly that the suit must be reg