Report No. 185

Section 48

We recommend that section 48 be substituted as follows:

"48. Opinion as to existence of right or custom, when relevant.- When the Court has to form an opinion as to the existence of any general or public right or custom or any matter of general or public interest, the opinions, as to the existence of such right or custom or such matter, of persons who are likely to know of its existence if it existed or of that matter, as the case may be, are relevant.

Explanation: The expression 'general or public right or custom or any matter of general or public interest` includes rights or customs or matters 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."