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Section 48State of Jammu-Kashmir Act

Section 48: Opinion as to existence of right to custom when relevant

Opinion as to existence of right to custom when relevant.

- 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.Explanation. - The expression "general custom or right" includes custom or rights common to any considerable class of persons.IllustrationThe 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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