Facts relevant when right or custom is in question.

What this section does

Where the existence of a right or custom is in question, two categories of facts are relevant: (a) any transaction by which the right or custom was created, claimed, modified, recognised, asserted, denied, or which was inconsistent with its existence; and (b) particular instances in which the right or custom was claimed, recognised, exercised, disputed, asserted, or departed from. The section allows historical transactions and specific instances of exercise or denial to establish or negate a right or custom.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Transactions and particular instances relating to the creation, recognition, exercise, or denial of a right or custom are relevant facts.

When it applies

• A deed conferring a fishery on A's ancestors, or a mortgage of the fishery by A's father, is relevant to prove A's right to the fishery.
• Instances in which A's father exercised the right to fish, or in which neighbours stopped that exercise, are relevant to the question of whether the right exists.

Derived from IEA s.13.