MAUNADA MUDALI Vs. NALLAYYA GOUNDAN

JUDGEMENT

(1.) The question is whether the defendants-appellants, who belong to the Kaikolar (weaver) class are entitled to take their deity Kumarasawmi in procession with Sakkili melam (music) along the path (marked A in the plan, Ex. B.) which passes through the middle of the Vellala quarter. The plaintiffs are Vellalars and sue for a declaration that the defendants are not so entitled, the cause of action. being an order passed by the Magistrate under Section 144, Criminal Procedure Code, restraining them from interfering with the defendants Kaikolars carrying their idol in procession.

(2.) The Munsif found that the path (A) was a public path and does not belong exclusively to the Vellalars, as contended for by them, and he dismissed the suit. On appeal the Judge found that a portion of the path, he does not find which portion, "was formed by the plaintiff's first witness and otter persons slicing off from their sites for forming a way." He also found that the street was the property of the Vellalars. He further held that because all people walk on it without distinction and without objection, and because the Union servants cleanse it, the defendants have not acquired the right they claim, and he accordingly allowed the plaintiffs claim.

(3.) It is contended before us that on the facts found the Judge should have held that this is a public path.