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march 1951

Supreme Court of India · 1951-03-19

RAM DHAN LAL AND OTHERS. vs RADHE SHAM AND OTHERS

Citation / case number
SC 1949/1
Court
Supreme Court of India
Petitioner
RAM DHAN LAL AND OTHERS.
Respondent
RADHE SHAM AND OTHERS
Bench
MUKHERJEA, B.K.

Judgment text excerpt

The Supreme Court interpreted the custom of dhar dhura under Section 2 of the Bengal Alluvion and Diluvion Regulation (XI of 1825), establishing that this custom applies to sudden changes in a river's course, not just gradual alluvial action. The court held that the onus of proof lies on the party asserting the custom, and it can be established through cogent evidence. The judgment upheld the High Court's finding that the custom was applicable even when the river altered its course suddenly, provided it still flowed within the village boundaries.

RAM DHAN LAL AND OTHERS. vs RADHE SHAM AND OTHERS · Niyam