RAM DHAN LAL AND OTHERS vs. RADHE SHAM AND OTHERS

Case Analysis

RAM DHAN LAL AND OTHERS vs. RADHE SHAM AND OTHERS

A) ABSTRACT / HEADNOTE

The Supreme Court in Ram Dhan Lal and Others v. Radhe Sham and Others, decided a significant matter concerning the applicability of the customary boundary doctrine called “Dhar Dhura” under Bengal Alluvion and Diluvion Regulation XI of 1825. This case raised nuanced issues of how riparian rights function in the face of sudden versus gradual fluvial changes. The core issue revolved around whether the deep stream rule—a customary principle declaring the river’s main channel as a fixed village boundary—still applies when a river changes course suddenly and flows outside the villages in question. The Court clarified that while the custom is valid and reasonable, its application is necessarily limited to situations where the river actually lies within and divides the villages. The verdict also upheld the principle that custom must yield to statutory provisions like those of Regulation XI when the river no longer divides the estates. The decision addressed the burden of proving custom, its reasonableness, its limitations, and its revival when river conditions change again. This judgment plays a pivotal role in guiding interpretation and application of river boundary customs across India.

Keywords: Dhar Dhura, Riparian Rights, Regulation XI of 1825, River Boundary, Customary Law, Alluvion and Diluvion, Sudden Change in River Course, Reasonableness of Custom.

B) CASE DETAILS

i) Judgment Cause Title: Ram Dhan Lal and Others v. Radhe Sham and Others

ii) Case Number: Civil Appeal No. 41 of 1949

iii) Judgment Date: March 19, 1951

iv) Court: Supreme Court of India

v) Quorum: Saiyid Fazl Ali, Mukherjea, Chandrasekhara Aiyar, JJ.

vi) Author: Mukherjea J.

vii) Citation: (1951) 1 SCR 370

viii) Legal Provisions Involved:

Bengal Alluvion and Diluvion Regulation XI of 1825, Sections 2 and 4
Customary law concerning Dhar Dhura

ix) Judgments Overruled by the Case (if any): None

x) Case is Related to which Law Subjects: Civil Law, Customary Law, Property Law, Environmental Law

C) INTRODUCTION AND BACKGROUND OF JUDGEMENT

The judgment addresses a long-standing dispute between riparian landowners in Bareilly district, Uttar Pradesh. It revolves around the historical and legal recognition of a customary principle called “Dhar Dhura,” which governs the shifting boundary of villages situated on riverbanks. The litigants invoked both customary law and statutory provisions under the Bengal Alluvion and Diluvion Regulation of 1825 to assert competing claims over land affected by a sudden change in the river Ram Ganga’s course.

At issue was whether the deep stream doctrine applied even when the river had entirely moved outside the territory of the original villages. The decision followed a series of legal battles starting from the original suit in 1934, appellate proceedings in the Allahabad High Court in 1942, and finally, the Supreme Court in 1951, which had to decide on the complex interaction between custom and statutory law. This judgment remains seminal in defining the limits and continuity of customary land boundaries affected by natural changes.

D) FACTS OF THE CASE

The dispute began with a suit filed by Babu Ram, zamindar of village Sikha, seeking a declaration that the lands in question belonged to his village and not to the adjoining villages Jhawa Nagla and Gurganwan, whose zamindars were among the 41 defendants.

The crux of the case lay in the sudden change in the course of river Ram Ganga during Fasli year 1341, which led to the river abandoning its previous course (shown in the plaint map as C-D-E-F) and flowing entirely outside the limits of the three villages. The petitioner claimed that this severance nullified any claim under the “Dhar Dhura” custom by the respondents.

In 1340 Fasli, the deep stream flowed within the boundaries of the concerned villages, and the zamindars experienced gain and loss of land due to alluvial or diluvial action. But when the stream suddenly changed its path, the question arose whether the existing customary boundary rule still applied. The plaintiff asserted it did not and claimed continued ownership over the land as per Regulation XI of 1825, Section 4.

The defendants, primarily defendants 1–4 and 30, contested the claim and maintained that under the custom of Dhar Dhura, the river’s deep stream—regardless of its mode or extent of change—remains the boundary between villages.

E) LEGAL ISSUES RAISED

i) Whether the custom of Dhar Dhura applies in the event of a sudden change in the river’s course and thereby determines land ownership.

ii) Whether the custom continues to apply when the river ceases to flow within the villages and instead flows entirely outside their limits.

iii) Whether a valid and enforceable custom can override statutory provisions of the Bengal Alluvion and Diluvion Regulation XI of 1825.

F) PETITIONER / APPELLANT’S ARGUMENTS

i) The counsels for the Petitioners / Appellants submitted that the custom of Dhar Dhura, while recognized, is limited only to gradual changes due to alluvial or diluvial action. They emphasized that sudden changes in river course do not legally alter land boundaries.

They relied upon the distinction made in Section 4(2) of Regulation XI of 1825, which preserves the title of the original owner in cases of sudden shifts that leave land intact but disconnected. The counsel argued that the 1341 Fasli shift was abrupt and not gradual, and therefore did not affect ownership under customary law.

They further contended that even if the river formed a boundary previously, its complete shift outside village boundaries rendered the custom inapplicable. The boundary rule, they insisted, assumes that the river runs within the two villages, and cannot be invoked where that condition fails.

They also asserted that burden of proof for such an extensive application of custom rested with the defendants and had not been sufficiently discharged through the evidence presented.

G) RESPONDENT’S ARGUMENTS

i) The counsels for Respondents submitted that the custom of Dhar Dhura was longstanding, well-known, and documented in wazib-ul-arz records, which detailed the rule as applicable to all changes in the river’s course, including sudden ones.

They presented evidence from Rubkaris of the Bareilly Collectorate, especially Ex. H.27 dated 1876, showing administrative recognition of this custom even after sudden changes. They also cited a previous 1907 judgment (Ex. D.1) where a similar claim under the same custom was upheld, even after a sudden river shift.

They argued that the custom’s purpose is to avoid continual boundary disputes, and it operates irrespective of how the river changes—so long as the deep stream is identifiable, it remains the boundary.

Additionally, they contended that the plaintiff must prove how he continues to hold the land once the river moved away and joined the adjacent villages. In their view, the accretion doctrine under the custom transferred land ownership.

H) RELATED LEGAL PROVISIONS

i) Bengal Alluvion and Diluvion Regulation XI of 1825

Section 2: Recognizes valid custom for determining riparian rights and boundaries.
Section 4(2): Preserves original ownership where land is severed by a sudden river change.

I) JUDGEMENT

a. RATIO DECIDENDI

i) The Court held that custom of Dhar Dhura, even if valid, applies only when the river flows within the boundaries of the concerned villages. Once the river completely exits these villages, the custom no longer determines ownership, and the rights are to be adjudicated under Regulation XI of 1825.

The Court confirmed the reasonableness and existence of the Dhar Dhura custom but confined its application strictly to the purpose it serves—delineating boundaries when the river flows between villages. It also held that the burden of proof for a wider application rested with the party asserting the custom, and in this case, the evidence did not support its extension beyond reasonable bounds.

The Court ruled in favour of the plaintiff (Appellant), reinstating the decree of the Trial Court.

b. OBITER DICTA

i) The Court observed that if the river later returns to flow within the village boundaries, the custom of Dhar Dhura could revive, enabling riparian claims based on the new stream location.

c. GUIDELINES

Customary laws such as Dhar Dhura must be construed strictly within their stated purpose.
Sudden changes in river courses do not automatically alter land ownership.
Custom must yield to statutory law where the two are in conflict.
The party asserting extensive custom bears the burden of proving both existence and applicability.
Dhar Dhura custom revives only when river flows again within boundary villages.

J) CONCLUSION & COMMENTS

This case serves as a landmark judgment on customary riparian law and its interaction with statutory provisions. The decision reinforced that customary rules, however entrenched, must remain reasonable, provable, and purpose-specific. The Court upheld the supremacy of statutory law in land disputes where custom ceases to serve its original purpose.

It also clarified how ownership of riverine land behaves under different types of fluvial action, settling a major source of land conflicts across riparian regions. The judgment’s insights into the limits of legal custom, evidentiary burdens, and territorial application provide vital guidance for future property litigation involving river boundaries.

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