Question
A civil dispute regarding the establishment of a right
of way over a property. The plaintiff produces evidence of a deed from 50 years ago that granted the right to his ancestor, followed by instances where his family exercised this right uninterrupted for 50 years, and instances where neighboring property owners disputed this exercise. Under which section of the Bharatiya Sakshya Adhiniyam is such evidence relevant for proving the existence of a custom or right?Solution
Section 11 of BSA specifically deals with cases where the question is as to the existence of any right or custom. Section 11(a) mentions that any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied is relevant. Section 11(b) states that particular instances in which the right was claimed, recognised or exercised, or in which its exercise was disputed, are relevant facts. The illustration provided directly addresses property rights, making Section 11 the correct answer.
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