IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
KUNJAHAMMED – Appellant
Versus
KUNJADI – Respondent
| Table of Content |
|---|
| 1. assertion of customary rights by plaintiffs. (Para 1 , 2) |
| 2. court's view on legal procedures for customary rights. (Para 3 , 10 , 11) |
| 3. arguments regarding evidence for customary rights. (Para 4 , 5 , 6 , 12) |
| 4. conflict over property title and implications on rights. (Para 8 , 9) |
| 5. result and call for re-evaluation of evidence. (Para 16 , 17) |
JUDGMENT
The defendants in a suit for declaration of a customary right of burial in the plaint schedule property have come up in the present appeal aggrieved by the concurrent findings rendered by the courts below.
2. Brief facts necessary for the disposal of the appeal are as follows: The plaintiffs claimed that they are members of the ‘Kalladi community’, a separate sect among Harijans, and are residents of Munniyoor Village. According to them, the plaint schedule property known as ‘Valiyil Chudala’ is a burial ground used by members of the Kalladi community. The members of the Kalladi community have buried their dead from time immemorial and using the land as their graveyard without interruption as a matter of right. The owners of the land had given the land for use as a burial ground to the members of the Kalladi community
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