ORDER

The plaintiff in O.S.NO.178 of 1958, Additional Munsiff Court, Ernakulam - appellant in S.A.No.669 of 1979 - is the appellant in this appeal. The appellant belongs to edappally Padinjare Warriam. His main prayer in the suit was to declare that the appellant s family is entitled to do Kazhakam services in the two temples as the family has hereditary rights in that regard. The trial court held that the plaintiff or his family had no Karaima right (hereditary right) in the temples as claimed. It is stated in the appeal memorandum that both the courts held thus:-

"(i) …..the plaintiff s family has been performing the Kazshakam (2) the plaintiff s family had been given Mala Virthy by the swaroopam, (3) that the plaintiff s family has been performing the Kazhakam in the two temples from time immamorial for which they had been given viruthy tenure.

But after recording all these findings concurrently the courts also held that the plaintiff s family has no hereditary right for the performance of Kazhakam and that the plaintiff could be hired and fired at the sweet will by the defendant No.1."

2. The appellant filed S.A.No.669 of 1976 and assailed the judgments and decrees of the c