Section 112 Bharatiya Sakshya Adhiniyam, 2023: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

Section 112 of Bharatiya Sakshya Adhiniyam, 2023: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

When 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 112

Section 112 establishes the statutory burden of proof regarding relationship in the cases of partners, landlord and tenant, and principal and agent, presuming that once shown to have acted as such, the relationship continues.

Presumption of Continuance: When persons have acted as partners, landlord and tenant, or principal and agent, the law presumes the subsistence of that status.
Burden on Dissolution Plea: The burden of proving that they have ceased to stand in that relationship lies entirely on the party asserting dissolution or termination.
Commercial & Rent Stability: Prevents tenants from casually denying tenancy or partners from evading partnership accountabilities.

Key Landmark Precedents:

Addagada Raghavamma v. Addagada Chenchamma (AIR 1964 SC 136): The Supreme Court affirmed that relationships established by continuous conduct and mutual agency carry a presumption of continuance under statutory evidence rules.
Bansraj Laltaprasad Mishra v. Stanley Parker Jones (2006) 3 SCC 91: Held that once a tenancy is admitted or proved, the relationship continues until valid surrender or determination under the Transfer of Property Act.

Courtroom Practice & Strategic Litigation Guidance:

In partnership accounting or tenancy recovery suits, prove the partnership deed or rent receipts showing past dealings; under Section 112 BSA, the burden shifts to the adversary to produce a formal deed of dissolution or registered surrender.