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january 1993

Supreme Court of India · 1993-01-27

CHAYA vs BAPUSAHEB .

Citation / case number
SC 1984/65163
Court
Supreme Court of India
Petitioner
CHAYA
Respondent
BAPUSAHEB .
Author
P.B. SAWANT
Bench
P.B. SAWANT

Judgment text excerpt

The Supreme Court addressed the issue of customary rights to burial on land R.S. No. 975/1 and R.S. No. 975/2, affirming the lower court's decree for the plaintiffs against all defendants under Section 34 of the Specific Relief Act. The Court held that the customary right to bury the dead was not established by the defendants, and thus the High Court's decision to set aside the decree was erroneous. The Court reinstated the trial court's decree, emphasizing the importance of recognizing customary rights in land disputes.

CHAYA vs BAPUSAHEB . · Niyam