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august 2003

Supreme Court of India · 2003-08-26

SH. RAMCHANDRA ETC. vs MR. NARAYAN .

Citation / case number
SC 1988/68271
Court
Supreme Court of India
Petitioner
SH. RAMCHANDRA ETC.
Respondent
MR. NARAYAN .
Author
Shah
Bench
M.B. SHAH & AR. LAKSHMANAN.

Judgment text excerpt

The Supreme Court upheld the High Court's decision regarding the customary rights of the Dhimars to fish in a tank owned by the plaintiffs. The Court clarified that while the Dhimars had been granted permissive rights to fish under lease agreements, they did not possess an independent right of profits-a-prendre. The Court affirmed that the plaintiffs are the absolute owners of the tank and that the defendants' rights are limited to those granted by the lease, thus reinforcing the principle that customary rights must be established through clear evidence and cannot override ownership rights under law.

SH. RAMCHANDRA ETC. vs MR. NARAYAN . · Niyam