1. The 1st respondent in O. P. No. 4334 of 1974 has filed this appeal against the judgment of a learned single judge of this court allowing that writ petition and setting aside the finding recorded by the Mun¬siff-Land Tribunal, Alleppey as per Ext. P4 dated 6th July, 1974 in a reference made to the Tribunal by the Munsiff's Court, Shertallay in O. S. No. 987 of 1970 on the file of that court. The appellant before us (1st respondent in the O. P.) is the plaintiff in O. S. No. 987 of 1970. That is a suit filed by him for recovery of the plaint schedule property from the possession of the defendant after removing a structure shown as item 2 in the plaint and also for a permanent injunction restraining the defendants from committing waste etc. In the written statement filed by the defendants they raised a plea that they had kudikidappu rights in respect of the building shown as item 2 in the plaint and also certain customary rights. Issues Nos. 3 and 5 framed in the suit were:

"(3) Are the defendants kudikidappukars of the plaint property? (S) Are the customary rights alleged by the defendants true?"

These issues were referred by the Munsiff to the Land Tribunal, Alleppey fo