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august 2003

Supreme Court of India · 2003-08-26

Ramchandra Wahiwatdar Substituted By ... vs Narayan & Others

Citation / case number
AIR 2003 SUPREME COURT 3286
Court
Supreme Court of India
Petitioner
Ramchandra Wahiwatdar Substituted By ...
Respondent
Narayan & Others
Bench
M.B. Shah, Ar. Lakshmanan

Judgment text excerpt

The appellant sought a declaration of title to a fish tank and a permanent injunction to prevent the respondents from interfering with fishing rights. The Supreme Court analyzed whether a customary right to obtain a lease or license for profits-a-prendre (specifically catching fish) could exist over a tank owned by another party. Drawing upon previous jurisprudence, the Court affirmed that such customary rights cannot be claimed against the title owner of the tank.

Ramchandra Wahiwatdar Substituted By ... vs Narayan & Others · Niyam