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.