member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member
through them
the Shia community, contended as follows: (i) that their
customary rights to perform several religious rites,
practices, observances and functions on the said ... thereof but on the basis of customary exercise
since time immemorial and they have been claiming such
customary rights by prescription over the plots belonging
However, their common
claim is that the respondents never had a customary right to the
office of mutawalli, and the right to select the mutawalli ... residents. The appellants’ contention is that even
if there was any customary right vested with the respondents, it
was breached by the formation
Abatement-Suit by members of public for
declaration of customary right to bury dead in suit land-
Suit decreed by Trial Court-Decree upheld ... suit was flied by 56 members of public claiming
declaration of customary right to bury the dead in the land
others, claiming
inter alia that as a tenant he had a customary right to
quarry limestone for trade purposes from the Lower Murli
Hill ... favour of the Kuchwar
Company was not renewed, that the customary right to
excavate minerals for trade purposes claimed by the
plaintiff in the Lower
conclusion of the High Court that the grazing
right is a customary right does not carry the case of the
respondents any further because ... Chapter VIII in Manu and also
refers to Yajnavalkya. Hence such customary
right has been recognised in India from very
early times."
Our conclusion
what the plaintiffs claimed was not a prescriptive right, but a customary right, The District Judge thereupon framed the following new issue and remanded ... this right valid to the extent that defendant must be restrained by a perpetual injunction from interfering with that right? And is that customary right
customary right. It is admitted that in the survey record or rights there is no mention of the customary right over the disputed land ... which the record of rights applies. The omission of the right claimed by the plaintiff in the Survey record of rights is, therefore, a relevant
does not create any fresh right/ rights of pre-emption. But, it provides for losing of primary right of pre-emption, which exists even before ... emption, as per the customary law is to be found in the customary law but once the right of pre-emption exists either on account
refer to the nature of such a customary easement. It is different from a mere customary right, or a right arising by custom, but unappurtenant ... easement right of privacy is not a personal right of an individual but is a right attached to property and that although the right cannot