Defendants 1 to 4 in O.S.887/1982 on the file of the Munsiff's Court, Thiruvananthapuram who lost their case concurrently in both the courts below are the appellants.

The plaintiff in the suit was the sole respondent. He passed away pending this second appeal and his LRs are additional respondents 2 to 7.

2. Late first respondent instituted O.S.887/1982 for a decree declaring his right of easement over 'B' schedule pathway and for an injunction. He alleged inter alia that the first defendant is an unregistered association of numerous persons and the first defendant is sued in a representative

capacity. Plaint A and B schedule properties originally formed part of a vast extent of properties which belonged to one Yogini Amma by name Sarwa Sakshi Amma Swayam Prakash Yogini Amma Thiruvadikal. She had only one brother by name Krishna Pillai who was the sole legal heir of the whole estate of deceased Yogini Amma. During the life time of Yogini Amma, the entire property was enjoyed by her for the management of the first defendant Ashramam. On her death, her legal heir Krishna Pillai and other disciples executed Ext.A1 settlement deed as per the directions of the deceased Yogini