Proving Customary Inheritance and the Limits of Interfering with Concurrent Findings of Fact
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Case: BEJLA ORAON v. KALI DAS ORAON
Court: Supreme Court of India
Date: 09-07-2026
Law: Code of Civil Procedure, Constitution of India, Indian Evidence Act.
Highlights of the Judgment:
- Analysis of the burden of proof required to establish a binding customary law under the Indian Evidence Act, 1872.
- The essential attributes of a valid custom, including certainty, reasonableness, and continuous usage.
- Scope of the Supreme Court's power under Article 136 of the Constitution to interfere with concurrent findings of fact.
- Interpretation of Section 100 of the Code of Civil Procedure, 1908, regarding the adjudication of substantial questions of law.
- Application of Oraon customary inheritance rules concerning the status of a ghardamad (resident son-in-law) and male agnates.
- The legal distinction between partition deeds and lease deeds in conferring title over ancestral property.