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.