1. This is an appeal under S.5 of the Kerala High Court Act, on the basis of a certificate issued by a learned judge who disposed of S. A. No. 1049 of 1968. The appeal is by plaintiffs 2 and 6 to 9, whose suit for an injunction restraining the defendants from interfering with the burial or burning of dead bodies in the plaint schedule property was dismissed by the trial court. In appeal however, the learned District judge found that the plaint schedule property was used as a burial or burning ground from time immemorial and that the property must be deemed to have been registered as a burial and burning ground existing from the commencement of the Kerala Panchayats (Burial and Burning Grounds) Rules, 1967. In further appeal to this Court Poti J., affirmed the finding that the plaintiffs acquired the right to use the property as a burning ground for the members of the tarwad. The learned judge also found that nothing in the Kerala Panchayats Act, 1960, for short, the Act or the Kerala Panchayats (Burial and Burning Grounds) Rules, 1967 (hereinafter referred to as the Rules) took away or affected the rights found by the learned Judge. It was however further held by the le