IEA 13 — Facts relevant when right or custom is in question

Indian Evidence Act, 1872

Statutory text

Where the question is as to the existence of any right or custom, the following facts are relevant:––
(a)  any  transaction  by  which  the  right  or  custom  in  question  was  created,  claimed,  modified,
recognised, asserted or denied, or which was inconsistent with its existence;
(b) particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from.

Illustrations The question is, whether A has a right to a fishery.
A deed conferring the  fishery on  A’s ancestors, a  mortgage of the fishery by  A’s  father, a subsequent grant of
the  fishery  by  A’s  father,  irreconcilable  with  the mortgage,  particular  instances  in  which  A’s  father exercised  the right, or in which the exercise of the right was stopped by A’s neighbours, are relevant facts.

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