AIR 1935 SINDH 38

Sindh High Court

Hon'ble Judge(s): Ferrers, O' Sullivan , JJ

(A) Pakki Adat - Words are compendious description of body of local usages - Contract. The words Pakki Adat have no magical efficacy in themselves. They are no more than a compendious description of a body of local usages which vary from market to market.(Para 39C2) (B) Custom - Local usage - Person alleging must prove incidents. Anybody setting up such a local usage must allege and prove the incidents of that usage: 29 All 730, Rel. on.(Para 40C1) (C) Pakki Adat - Strict proof of existence of such usage is necessary - Evidence of one man is not sufficient - Judgment in which such usage has been judicially recognized is admissible but is not conclusive proof.Contract. Evidence Act (1 of 1872) , S.42— Where the usage of Pakki Adat is alleged, the Courts will require strict proof of it. The evidence of one man does not fulfil the requirements necessary in order to establish the existence and legal validity of a custom admitted to be at variance with the ordinary law of principal and agent. It is possible that if such a custom has been recognized by any judgment that the usage might be proved by the production, und....