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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Ganesh D Tapkir – Appellant
Versus
Baner Yethil, Samasta Gramastha Mandal Baner, Through it’s Representatives – Respondent
| Table of Content |
|---|
| 1. villagers' customary right to bagad festival on suit land. (Para 3) |
| 2. no pleadings or proof of customary easement. (Para 5 , 6 , 7) |
| 3. custom proven by non-traverse and documents. (Para 8 , 9 , 10) |
| 4. customary rights in gross differ from easements. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. custom needs antiquity, continuity, certainty, reasonableness. (Para 19 , 20 , 21) |
| 6. non-traverse admits long usage of custom. (Para 22 , 23 , 24 , 25) |
| 7. documents and site support prima facie custom. (Para 26 , 27 , 28 , 29 , 30 , 31) |
| 8. article 227 supervisory, not appellate jurisdiction. (Para 32 , 33) |
| 9. dismiss petition; expedite suit hearing. (Para 34 , 35 , 36 , 37) |
JUDGMENT :
N. J. JAMADAR, J.
1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally.
2. By this Petition under Article 227 of the Constitution of India, the Petitioners-original Defendant Nos. 1 and 2, take exception to a judgment and order dated 3rd April 2025 passed by the learned District Judge, Pune in MCA No. 101 of 2024, whereby the said Appeal preferred by the Petitioners against an order dated 22nd April 2024 passed by the learned Civil Judge,
Customary rights for community over land exist in gross, distinct from easements appurtenant to dominant tenement; prima facie proof of ancient, continuous, certain, reasonable usage via non-traverse....
Plaintiffs established customary rights over communal land against the state, as ownership recognized; claims against a non-owner are legally invalid.
The court established that a customary right of burial may not necessitate formal registration but is subject to public interest considerations.
This Court also concurs with the submissions made by learned counsel for the respondents that in exercise of its powers under Article 227 of the Constitution of India.
Custom requires specific pleading and proof of continuity, certainty, long usage, reasonableness. Second appeals under Section 100 CPC permit no re-appreciation of evidence absent perversity. Fabrica....
The main legal point established in the judgment is that the burden of proof lies with the Plaintiffs to establish their claim, and insufficient evidence and lack of documentation can lead to the dis....
Section 2 (2) of Hindu Succession Act which is Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to members of any Scheduled Tribe within meaning of cla....
The court emphasized that granting a temporary injunction requires clear evidence of a prima facie case, balance of convenience, and irreparable injury, which were inadequately established by the pla....
Establishment of easementary rights requires substantiation through historical use or necessity; bona fide purchasers must prove good faith and due diligence.
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