JUDGMENT:

This Second Appeal is filed aggrieved against the Judgment and decree in A.S.No.736 of 2000 on the file of Principal Senior Civil Judge, Visakhapatnam, dated 07.06.2005, setting aside the Judgment and decree in O.S.No.812 of 1996 on the file of Principal Junior Civil Judge, Visakhapatnam, dated 25.09.1999.

2. The appellant herein is the defendant and the respondent herein is the plaintiff in the Original Suit No.812 of 1996 on the file of Principal Junior Civil Judge, Visakhapatnam.

3. The plaintiff initiated action in O.S.No.812 of 1996 on the file of Principal Junior Civil Judge, Visakhapatnam, with a prayer for cancellation of the gift deed dated 21.12.1949 and recovery of possession from the defendant.

4. The learned Principal Junior Civil Judge, Visakhapatnam, dismissed the suit. Felt aggrieved of the same, the unsuccessful plaintiff in the said suit filed the aforesaid appeal before the first appellate Court. The learned Principal Senior Civil Judge, Visakhapatnam, allowed the first appeal by setting aside the findings of the learned trial judge. Aggrieved thereby, the unsuccessful defendant/appellant approached this Court by way of second appeal. 5. For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the original suit.

6. The case of the plaintiff, in brief, as set out in the plaint averments in OS.No.812 of 1996, is as follows:

Swamy Omkar established Santi Ashram and registered the same under the Societies Registration Act vide No.8/1953 at Thotapalli and he established a branch at Pedawaltair. Swamy Omkar purchased an extent of Ac.8.00 cents of land and also anther Ac.2.00 cents of land was donated by the Philanthropic public. Swamy Omkar purchased, in his name, two properties i.e., Ac.4.54 and Ac 2.00 cents. He executed a registered Gift Deed on 21.12.1949 in favour of Sri Raghavendra Yogeswarulu, where under, it was mentioned that, if for any reason Raghavendra Yogeswarulu or his disciples failed to perform "Dharmam" in the service of people and the peace of universe, the land which was subject matter of the Gift deed has to be delivered back to the plaintiff’s society. The Gift Deed did not provide an absolute estate but it is only a conditional gift with a right of reversion to the plaintiff’s Santhi Ashram of the properties gifted. Sri Raghavendra Swamy executed a Will on 21.11.1984 bequeathing the property covered by the gift deed of 1949 to the Rama Krishna Mission with certain conditions, but the said Rama Krishna Mission did not accept the gift. Sri Raghavendra Swamy died on 12 12.1991. The defendant is staying in the ashram along with his parents. This defendant is staying himself as an adopted son, but Raghavendra swamy could not have made any adoption as he had renounced. Therefore, the defendant was not an adopted son and the alleged adoption is void under law. The schedule property as per the Gift deed will revert back to the Santhi Ashram. While so, the defendant filed OS.No.252 of 1988 against the third party for permanent injunction. As per the plaint in that suit, it is mentioned that the lands are to be utilized for the purpose of Yogashram and Swamy Raghavendra has no right of alienation.

7. The brief facts of the written statement, filed by the defendant, are as follows :-

The defendant is not aware whether Swamy Omkar established a registered society under the Societies Registration Act. He is also not aware whether the property was purchased under a sale deed by Swamy Omkar. He further contend in his written statement that the Swamy Omkar executed a registered Gift Deed dated 21.12.1949, the Gift Deed did not provide any absolute estate in favour of the donee and that it is only a conditional gift. Even if it is assumed that the gift could be revoked it can be done only by the donor but not by the plaintiff. The donor never cancelled the gift deed. The alleged Will is not binding on the defendant. This defendant is running the Ashram being