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.