MARIMUTHU Vs. MALAIARASAN

JUDGEMENT

(1.) AGGRIEVED by the Judgment and Decree dated 30.08.1994 made in A.S.No.233 of 1993 on the file of Subordinate Court, Srivilliputhur, reversing the Judgment and decree dated 03.11.1992 made in O.S.No.195 of 1989 on the file of District Munsif Court, Aruppukottai, dismissing the Suit for Permanent Injunction, unsuccessful Plaintiffs have preferred this Second Appeal.

(2.) THE Suit Property relates to a vacant land measuring about 21 cents in S.No.345/8 in Ramasamypuram Village, Arupukkottai Town, Kamarajar District, which is said to be belonging to Pallar Community people, who are living at Amman Kovil Street, Ramasamypuram, Arupukkottai Town.

(3.) ON the above pleadings, five issues were framed. Plaintiffs were examined as P.Ws. 1 to 3 and Exs.A.1 to A.13 were marked on the side of the Plaintiffs. ON the side of the Defendant, Exs.B.1 to B.25 were marked and the Defendant was examined as D.W.1. In consideration of the evidence, the Trial Court held that the Well in the Suit Property has been used for performing last rites of the dead person of Plaintiffs' Community.