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Chunilal Gulabdas and ors. Vs. Chhotalal Pranjivan and ors. - Court Judgment

LegalCrystal Citation
CourtMumbai
Decided On
Judge
Reported inAIR1924Bom522; 76Ind.Cas.635
AppellantChunilal Gulabdas and ors.
RespondentChhotalal Pranjivan and ors.
Excerpt:
civil procedure code (act v of 1908), section 9 - caste usage and custom--wadi and vessel, use of--jurisdiction of civil courts. - indian penal code, 1860 [c.a. no. 45/1860].sections 124-a, 153-a, 153-b, 292, 293 & 295a; [f.i. rebello, smt v.k. tahilramani & a.s. oka, jj] declaration as to forfeiture of book held, the power can be exercised only if the government forms opinion that said publication contains matter which is an offence under either of sections 124-a, 153-a, 153-b, 292, 293, 295a of i.p.c., .....appointed by plaintiffs' faction. on issue no. 2 he held that the demand was in defiance of caste usage. it seems to us that on such a caste question it is impossible for any court to decide one way or the other, certainly when the lower court has found that the demand was contrary to caste rules and usages it would not be incumbent on the appellate, court to interfere with such a finding. i my self would think that it would be very difficult for any court to hold that a particular action on the part of one faction of the caste was in accordance with the caste usage or otherwise. it may be that the court had jurisdiction to, decide that the plaintiffs were entitled to the user of the wadi and the vessels in accordance with the caste usage and custom because a question of properly.....
Judgment:

1. In this matter a decree was passed declaring that the plaintiffs were entitled to the user of the Wadi and the vessels in accordance with the usage or rules of the caste and that defendants were restrained from obstructing the plaintiffs in the user of the Wadi and vessels according to that usage and rules of the caste. The plaintiffs took out a darkhast on the ground, we presume, that they were not allowed the user of the Wadi and the vessels. Two issues were raised: (1) for what purpose were the Wadi and vessels demanded by plaintiffs and (2) was the demand according to the usage or rules of the caste. The Judge found that the Wadi and vessels were demanded for an Ochav assigned to an individual before factions, but to be performed by another, appointed by plaintiffs' faction. On Issue No. 2 he held that the demand was in defiance of caste usage. It seems to us that on such a caste question it is impossible for any Court to decide one way or the other, certainly when the lower Court has found that the demand was contrary to caste rules and usages it would not be incumbent on the Appellate, Court to interfere with such a finding. I my self would think that it would be very difficult for any Court to hold that a particular action on the part of one faction of the caste was in accordance with the caste usage or otherwise. It may be that the Court had jurisdiction to, decide that the plaintiffs were entitled to the user of the Wadi and the vessels in accordance with the caste usage and custom because a question of properly was involved. But once the Court held that the plaintiffs had that right, then the way in which they might exercise their right was a question which was really one for the castes themselves to decide and not for any particular individual or faction and is certainly one which no Court would possibly determine. For the purpose of this appeal we merely say that the Judge appears to be right, in the conclusion he arrived at. The appeal will be dismissed with costs.

2. It would be advisable if these opposing factions in the caste would try to arrive at some agreement instead of bringing their differences before the Courts.


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