SIVARAMA KRISHNA PATTAR Vs. MANNATHIL KRISHNAN NAIR

JUDGEMENT

(1.) The plaintiffs sued for a permanent injunction restraining the 1 defendant from interfering with their customary right as villagers of Parali to graze cattle on a paramba belonging to 3 defendant's sthanam, to walk across it, to perform certain ceremonies at the foot of an arasa or peepul tree on it, to perform pradakshinam round the tree and to use the tank for bathing purposes. The 1 defendant who obtained a melcharth in 1911 obstructed the plaintiffs from exercising these alleged customary rights.

(2.) The court of first instance dismissed the suit; the court of first Appeal allowed it and granted an injunction against the 1 defendant. In second appeal the suit was dismissed and against this decree the present Letters Patent Appeal is preferred.

(3.) Before us the right to grazing has been given up by the appellants; so the only matters in question are the right of way across the paramba, the right to bathe in the tank and the right to perform certain ceremonies round the peepul tree.