BARBERS RESIDING AT PATTAMANGALAM PULIAN STREET Vs. KALYANASUNDARAM

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 2.3.1995, made in A.S.No.205 of 1993, on the file of the District Court, Nagapattinam, reversing the judgment and decree, dated 30.7.1993, made in O.S.No.108 of 1989, on the file of the Sub -Court, Mayiladuthurai.

(2.) THE plaintiffs in the suit are the appellants in the present second appeal. The plaintiffs had filed the suit for declaration and for injunction. In the plaint filed in the suit, in O.S.No.108 of 1989, it has been stated that the suit property is a pond called "Ambattan Kuttai", with an extent of 31,087 Sq.Ft., surrounded by a live fence on all four sides, in T.S.No.399 in Pulian Street, Pattamangalam, Mayiladuthurai. It has been further stated that the plaintiffs and the others, belonging to the Barber community, living in Pulian Street, have been using the pond to carry on their occupation for over five generations. Every year the plaintiffs and the others belonging to their community were taking away the fish caught by them from the pond. The pond which had been given to the ancestors of the plaintiffs, as a consideration for carrying on their occupation, has continued to be in their enjoyment till the filing of the suit. Therefore, the pond has been named as "Ambattan Kuttai". However, there are no documents relating to the plaintiffs' rights, in respect of the said pond. It is only a practice that has been followed for hundreds of years, in Tanjore District.

(3.) IT has been further stated that the plaintiffs and their ancestors have been using the pond and its adjacent lands, by growing various trees and by using their produce. The plaintiffs are carrying on their occupation of hair cutting for the people of the village. The pond is maintained for not only the benefit of the plaintiffs, but also for the common benefit of the villagers. While so, the father of the plaintiffs, namely, Jaganatha Pandithar, had submitted a petition to the District Collector, on 19.9.1961, to grant patta, in respect of the pond, to the members of the plaintiffs' community.