48. Opinion as to existence of right or custom when relevant.

When the Court has to form an opinion as to existence of any general custom or right, the opinions as to the existence of such custom or rights, of persons who would be likely to know of its existence if it existed, are relevant. 

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

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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WritingLaw » Evidence Act, 1872 » Section 48 Evidence Act Law Study Material
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