STATE OF BIHAR & ORS. vs SUBODH GOPAL BOSE & ANR.

The Supreme Court held that the claim of customary right to quarry limestone under Section 102 of the Bihar Tenancy Act, 1885, was not established by the evidence presented. The Court found that the practices recorded in the Custom-sheets did not demonstrate a right exercised as a matter of entitlement, and thus the claim was deemed unreasonable and unenforceable. The High Court's ruling was overturned, affirming that a valid custom must be ancient, certain, and reasonable, and the claim in this case failed to meet these criteria.