Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bengal Alluvion and Diluvion Regulation (Xl of 1825) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bengal Alluvion and Diluvion Regulation (Xl of 1825), ss. 2, 4 -Custom of dhar dhura-Incidents-River changing course s11ddenly-River flowing entirely outside the villages which it divided Whether custom applies-Onus of proof-Reasonableness of custom -Application of Regulation XI-Revival of dhar dhura rights. The meaning of the custom of dhar dhura is that the deep stream or channel of a river is to be regarded, irrespective of its changes, as the constant boundary between two or more villages, and such a custom is expressly recognized in s. 2 of Regulation XI of 1825. Whether such custom applies even to cases of sudden changes in the course of a stream or only to gradual alluvial action is a matter which has to be determined upon the evidence adduced in each case. The onus ·of proving that the custom applies to sudden changes also is on the person who sets it up, but such custom is not unreasonable and can be established like any other custom by cogent evidence. (Their Lordships· upheld the finding of the High Court that under the custom prevailing in the villages in question it was applicable also to cases of the stream suddenly altering its course.)As the custom of dhar dhura implies that the deep stream of the river irrespective of the changes in its course, is to be regarded as a fixed boundary line between two or more villages, it is necessary for the application of this custom that the main stream of the river must flow within the limits of these villages. When the river changes its course so widely that it oversteps the boundaries of the villages concerned and ceases to divide these villages, the rights of the riparian properties can be determined only ·in accordance with the provisions of Regulation XI of 1825.Obiter. Though a riparian owner cannot claim a land under the custom of dhar dhura so long as the river flows outside the limits of the villages concerned, his rights under the custom would revive as soon as the river again flows within the villages |
Judge | Hon'ble Mr. Justice A.K. Mukherjea |
Neutral Citation | 1951 INSC 21 |
Petitioner | RAM DHAN LAL AND OTHERS |
Respondent | RADHE SHAM AND OTHERS |
SCR | [1951] 1 S.C.R. 370 |
Judgement Date | 1951-03-19 |
Case Number | 41 |
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