Judgement

Appeal (No. 77 of 1947), by special leave, from a judgment and decree of the High Court (September 24, 1943) which reversed a judgment and decree of the Additional Subordinate Judge of Cuttack (September 12, 1939) which had reversed a judgment and order of the Munsiff of Jaipur (May 19, 1937).

The main question in this appeal was whether the villagers of Byree, Killa Darpan, district Cuttack, Orissa, had acquired a right to the common use of two parcels of land of a total of 3.90 acres as a cremation ground.

The facts appear from the judgment of the Judicial Committee.

The Munsiff, before whom the case first came, treated the claim of the appellants as one of an alleged customary right, but held that the evidence was insufficient to establish the alleged right.

The Additional Subordinate Judge, on first appeal, held that on the evidence there had been a “dedication " of the land for use as a cremation ground, but on second appeal the High Court (Shearer J.) was of opinion that it could not be said that anything amounting to dedication of the land had occurred, and he reversed the decision of the Subordinate Judge. .

1949. July 13,14. Bagram for the appellants. Sir Thomas