Bhagwan Singh v. Bhagwan Singh

Facts

• A dispute arose regarding succession to agricultural land in the Allahabad district
• One party claimed that under local custom, the property devolved differently from the general Hindu law of succession
• The custom alleged was that collaterals excluded daughters from inheritance
• The opposing party denied the existence of any such custom and relied on general Hindu law

Issues

1. Who bears the burden of proving the existence of a custom?
2. What standard of evidence is required to establish a custom as having the force of law?

Held

• The Privy Council held that the burden of proving a custom lies on the party who asserts its existence. The proof must be clear and unambiguous: the party must demonstrate that the custom has been uniformly and continuously observed over a long period. Isolated instances or sporadic practice do not suffice. The evidence must show that the custom is ancient, certain in its operation, and observed as a binding rule by the community in question.

Ratio Decidendi

The party asserting a custom bears the burden of proving it by clear and cogent evidence demonstrating long, continuous, and uniform observance by the community: isolated instances or mere assertions are insufficient, and the custom must be shown to have been treated as an obligatory rule and not a matter of individual choice.