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Section 48

Opinion as to existence of right or custom when relevant

of Evidence Act 1950

ActIn forceProvision 49 of 169
Section 48

When 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.

Evidence 45

Explanation—The expression “general custom or right” includes customs or rights common to any considerable class of persons.

The right of the inhabitants of a particular village to use the water of a particular well is a general right within the meaning of this section.

Opinion as to usages, tenets, etc., when relevant