Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
AI Assist
Summary
When persons have been acting as partners, landlord and tenant, or principal and agent, the person who says they are not, or have ceased to be, must prove it. The burden shifts once their conduct shows the relationship. A denial or claim of termination therefore carries the burden of proof.
Example
Ravi and Aditya have run a shop together for several months and dealt with customers as partners. Aditya now claims they are no longer partners. Under this section, Aditya must prove he is not a partner or that the partnership has ended.
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.
Previous year papers
Pick your exam. we'll email the most recent paper.