Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
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Summary
When people have been acting as partners, landlord and tenant, or principal and agent, the person who asserts they are not (or have ceased to be) in that relationship must prove it. The rule applies after their conduct shows the relationship. Mere denial without evidence is insufficient.
Example
Rohan and Sneha ran a shop together and shared profits for a year, so they acted as partners. Rohan now claims they were never partners. Under this rule Rohan must bring evidence to prove he is right, because their conduct showed a partnership.
Bare Act
Enacted textWhen the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who affirms it.
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