2.1. The appellants in the above Second Appeal are defendants 3 and 4 in O.S. No.257 of 1982 laid for declaration, to declare that the plaintiff and the members of his family as one group are entitled to conduct exclusively Kudiraivahana Mandagapadi in Mariamman and Selliamman Temples in Mela Arasur Village and receive the 1/5th share in the prasadam and offerings and all honours besides their right to participate in the celebration of the festival on other days, and for consequential permanent injunction.

2.2. In paragraph 5 of the plaint, the plaintiff/ respondent herein states that they are entitled for the above declaration based on immemorial custom, usage and age old practice that prevailed among the members of the community of the village.

2.3. The defendants 3 and 4/appellants herein resisted the suit based on a sale deed dated 15.5.1972 with regard tot he right to conduct “Mandagapadi”, a right of honour claimed by the plaintiff for celebrating the Kudiraivahana festival in the village temple.

2.4. Even though the learned District Munsif, Ariyalur, by decree and judgment dated 9.7.1986 made in O.S. No.257 of 1982, dismissed the suit holding that th