R SIVAKUMAR Vs. M THYAGARAJAN

JUDGEMENT

(1.) The plaintiffs in the suit in O.S.No.185 of 2011 on the file of the Principal District Munsif Court, Nagercoil, are the appellants in this Second Appeal.

(2.) The appellants filed the suit in O.S.No.185 of 2011 for declaring the customary right of using the suit property as burial ground by the plaintiffs and their community people to bury dead bodies and for a permanent injunction restraining the defendants from obstructing their right of making use of the suit property for burying dead and also for a permanent injunction restraining the defendants from demolishing or erasing the existing tombs inside the suit property.

(3.) Though it is not necessary to deal with the pleadings in detail for the purpose of this appeal, it is necessary to briefly state the facts to consider the issues on hand. The plaintiffs are the permanent residents of Melaramanputhoor village. Since there are numerous persons who are having same interest in the suit property and the relief claimed in the suit, the suit has been filed in a representative capacity.