KAVILPURA EZHUVAN MUTHUS SON CHATHUNNI AND ORS. Vs. PATHIYIL RUGMINI AMMAS SON APPUKUTTAN NAIR AND ORS.

JUDGEMENT

(1.) THESE two second appeals have been preferred by some of the defendants who are members of the Ezhuva community. The respondents are » Nairs by caste. S.A. No. 19 of 1944 arises from the decision in O.S. No. 304of 1939 while S.A. No. 20 of 1944 relates to O.S. No. 303 of 1939.

(2.) THE main dispute between the parties is whether the Ezhuvas are entitled to bathe in the two tannks attached to the temples named in the plaints. In O.S. No. 303 of 1939 the Siva temple is known as Puvvakode Siva Kshetram and the tank attached to the temple goes by the name of Kokkote. In O.S. No. 304 of 1939 the name of the temple is Cherembath Kavu and the tank is known as Kavu Kulam.

(3.) THE defendants denied the right claimed by the plaintiffs and pleaded that the temples and the tanks were public institutions and that they had been as a matter of fact using the tanks for bathing purposes for a long time.