Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.

What this section does

Where persons have been shown to be acting as partners, landlord and tenant, or principal and agent, the burden of proving that such relationship does not exist or has ceased lies on the party who so affirms. The section protects the continuity of established legal relationships. Once the relationship is shown to have existed, its termination must be proved by the party alleging it.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Proof of prior conduct as partners, landlord-tenant, or principal-agent shifts the burden of disproving the relationship to the party denying it.

When it applies

• Where two persons have been shown to be conducting business as partners, the party claiming the partnership has ended must prove its dissolution.
• A landlord-tenant relationship having been established by past conduct, the party asserting it has ceased must discharge the burden of proof.

Derived from IEA s.109.