Opinion as to existence of general custom or right, when relevant
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Summary
When the court must decide whether a general custom or right exists, opinions of people who would likely know about that custom or right are relevant evidence. The phrase covers customs or rights common to a considerable class of persons. Such opinions may be used to help the court form its view on existence of the custom or right.
Example
Priya sues after villagers claim a right to draw water from a common well. The court asks who knows local practice, and testimony from village elders who would likely know is accepted as relevant evidence about the general right. The court relies on that opinion when deciding if the right exists.
Bare Act
Enacted textWhen the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant.
Explanation.-The expression "general custom or right" includes customs or rights common to any considerable class of persons.
Illustration.
The right of the villagers of a particular village to use the water of a particular well is a general right within the meaning of this section.
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