CHAYA Vs. BAPUSAHEB

JUDGEMENT

(1.) The suit was filed by 56 members of the public claiming declaration of customary right to bury the dead in the land R. S. No. 975/1 admeasuring 2 acres and 38 gunthas and R. S. No. 975/2 admeasuring 5 acres, against 15 original defendants. Defendants 1 to 3 to the suit were brother-owners of the land. The owner-defendants sold portions of the suit land and defendants 4 to 15 are the purchasers of the said portions. Both the owners and the vendees were joined as defendants to the suit as they denied the plaintiff's customary right to bury the dead in the land. In the suit, a permanent injunction restraining the defendants from obstructing the plaintiffs in the exercise of their said right, was also claimed.

(2.) The evidence disclosed that defendant 1 claimed interest in R. S. No. 975/1, defendant 2 in R. S. No. 975/2 and defendant 3 claimed no interest in either of the pieces of land. Defendants 1 and 2 opposed the reliefs claimed by the plaintiffs contending that the suit land was not a burial ground and that the Municipality had provided sufficient land for burying the dead elsewhere. The contentions of defendants 1 and 2 were adopted by defendants 4 to 8. In addition, they contended that they were bona fide purchasers of different portions of the suit land under registered sale deeds, and they had constructed houses after taking necessary permission from the Municipality. It does not appear from the record that the rest of the defendants had filed their separate written statements.

(3.) On 27/03/1967, the trial court decreed the suit against all the defendants in respect of both the suit properties viz. , R. S. Nos. 975/1 and 975/2.