(Guest)

Burden of proof cast upon party in whose favour document is

..................................In the claims based on title, the plaintiff who makes such a claim has to prove his subsisting title. This rule is very particularly applied in those cases where the defendant is found to be in possession of the suit property. In M.M.B. Catholicos v. T. Paulo Avira A.I.R. 1959 S.C. 31, it was emphasised that it is the strength of the plaintiff's title and not the absence of title in the defendant that matters in a suit for possession. Since this is the suit by purchasers of the property for possession and is contested by the appellants who are admittedly in possession, the onus is on the respondents-plaintiffs to prove that their vendor had the necessary title. The aforesaid ruling though of general application will have to be particularly applied in the instant case as the properties remained joint in the absence of partition between Mrs. Dayabai Lakshmanan and Mrs. Grace Pritabai Morris or their successors-in-interest."

The Indian Evidence Act, 1872 - Section 101 - Burden of proof - Suit for declaration and possession - Plea of valid purchase of suit property by defendants - Admittedly suit property owned by the husband of plaintiff - Burden of proof - Burden presumes to be discharged by the plaintiff - Defendant relied upon deed of conveyance but did not produce the same - Burden of proof cast upon the party in whose favour the document is executed - Onus shifted upon defendants to prove the valid purchase by execution of conveyance.

Bombay High Court

Ravindra Lalbachan Tiwari And ... vs Smt. Nirmaladevi Vijaynarayan ... on 23 December, 1996

Equivalent citations: 1997 (4) BomCR 75

https://www.lawweb.in/2013/08/burden-of-proof-cast-upon-party-in.html