48 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
are not really on all fours. In such case long practice acquiesced in by the other castes and communities may naturally give rise to a presumption of dedication to the exclusive use of the higher castes, and may throw upon the ‘Untouchables’ the burden of proving that they are among the people for whose worship a particular temple exists. No such presumption of a lawful origin of the custom can be said to arise here.
We therefore agree with the learned Assistant Judge that the appellants have not established the immemorial custom which they allege. Had they succeeded on this point it might have been necessary to consider whether the custom were unreasonable or contrary to public policy (though strictly speaking, it was not pleaded in the lower courts). It would certainly have been necessary to consider the legal effect of the vesting of the Chawdar Tank in the Municipality, and the question whether in any case the appellants could be granted any relief in this suit in which the legal owner is not a party. But as it is not necessary to decide these questions in the view we take of the case, and as they have not been very fully or effectively argued, we prefer to express no opinion.
Appeal dismissed with costs.
The seal of the By order of the Court
High Court at Sd/- R. S. Bavdekar,
Bombay. Registrar
Sd/ High Court Appellate For Deputy Registrar”
Side certified copy the 28th day of June 1960. [1]
Bombay.
The words of Dr. B. R. Ambedkar that “Lost rights are never regained by begging, and by appeals to the conscience of the usurpers, but by relentless struggle” have been proved by Mahad Satyagraha.— Editors.
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1 : Khairmode, Vol. 3, Pp. 258-263.