Defendants in O.S. 453/1985 on the file of the Munsiff Court, Irinjalakuda are the appellants in S.A. 342/1998, while plaintiffs in O.S. 772/1985 on the file of the same court is the appellant in S.A. 350/98. Suit O.S. 453/85 was filed by the original first respondent herein in a representative capacity for a declaration that their sambava community has customary right to bury the dead bodies of members of their community in the plaint schedule property and for injunction restraining the appellant herein from obstructing that right or trespass into the property and make any modification in the boundary or commit any act of wast in the plaint schedule property. The plaint schedule property was described as in survey No.139/2 of Mupliyam village with boundaries on the east-Kittaikunju makan, subrahmanyan vaka parambu, north-Prathi vaka parambu, west-Prathi vaka parambu and south-idavazhy. The allegation in the plaint was that, the property scheduled to the plaint was given to them for the purpose of burial of the bodies of member of sambava community in Mupliyam village long ago and it is being used by the community members from time immemorial as burial ground to bury the