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Kochan Kani Kunjuraman Kani vs Mathevan Kani Sankaran Kani on 7 May, 1971 cites

Thakur Gokalchand vs Parvin Kumari on 16 May, 1952

That was also the view taken by this Court in Thakur Gokalchand v. Parvin Kumri(2) The reason for this rule is obvious. Anybody who puts forward 'a custom must prove by satisfactory evidence the existence of the custom pleaded, its continuity and the consistency with which it was observed. A party against whom a custom is pleaded must have notice as to what case he has to meet. The opposite party apart from rebutting the evidence adduced by the plaintiff may be able to prove that the custom in question was not invariably followed. He cannot get ready with that evidence without knowing the nature of the custom relied upon by the plaintiff. Therefore all that we have to see in the present case is Whether the respondent has established (1) 45, I.A, p. 10.
Supreme Court of India Cites 9 - Cited by 24 - S S Ali - Full Document
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