1. This second appeal is by one of the legal representatives to the second defendant, i.e., 6th defendant in O.S.No.1057 of 1976, on the file of District Munsifs Court, Tiruchirappalli.

2. The suit was filed for the following reliefs:

“(a) declaring that the Muslim Jamath of Eachampatti alone is entitled to the management of the Kabarathan and the usufructs of the trees standing thereon;

(b) and as consequential relief for the permanent injunction restraining the defendants 1 and 2 and their men and agents from in any way interfering with the possession and enjoyment of the suit property with fruit bearing trees by the plaintiff;

(c) for costs of suit payable by the defendants to plaintiff from defendants;

(d) and to grant such further or other reliefs…..”

3. The suit was institution on 4.11.1976, by the Secretary of the Jamath. He has been examined as P.W.1 in the suit.

4. The material averments in the plaint may be summarised thus:

“It is filed as a representative suit under O.1, Rule 8, C.P.C. The suit property has been allotted and set apart as Kabarathan (burial-ground) of the Muslim Jamath of Eachampatti, and the same has been enjoyed as such by them from time immemor