​Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Burden of Proof as to Relationship in the Cases of Partners, Landlord and Tenant, Principal and Agent [Section 112]
1. IntroductionIn legal proceedings, it often becomes necessary to establish the existence or continuance of certain relationships such as partnership, landlord–tenant, or principal–agent. These relationships have significant legal consequences, particularly in matters involving rights, liabilities, and obligations of the parties. Section 112 of the Bharatiya Sakshya Adhiniyam, 2023 lays down a clear rule regarding the burden of proof in such cases.

2. Statutory Provision under Section 112
Section 112 provides that:

• When the question arises whether persons are partners, landlord and tenant, or principal and agent, and
• it is shown that they have been acting as such,

then the burden of proving that they do not stand, or have ceased to stand, in those relationships lies on the person who asserts the denial or cessation of such relationship.
Thus, once the existence of a relationship is established by conduct, its continuance is presumed.

3. Scope and Rationale
This provision is based on the presumption of continuity of human affairs. The law assumes that a relationship, once shown to exist, continues unless evidence is produced to the contrary. Although Section 112 expressly refers to three relationships—partnership, tenancy, and agency—the underlying principle is of general application and may extend to other similar relationships.

4. Presumption of Continuity of Relationship

• If persons have been shown to act as partners, it is presumed that the partnership continues.
• If parties have acted as landlord and tenant, the tenancy is presumed to subsist.
• If parties have acted as principal and agent, the agency is presumed to continue.

The presumption operates until the person denying the relationship proves that it has either never existed or has lawfully come to an end.

5. Burden of Proof

• The burden of proof lies on the party who denies the relationship or claims that it has ceased.
• A mere assertion is not sufficient; the party must lead evidence to establish non-existence or termination of the relationship.

Illustrative Applications:

• In a landlord–tenant dispute, the burden to prove sub-letting initially lies on the landlord. However, if the landlord proves that a third party is in exclusive possession of the premises, the onus shifts to the tenant to prove that it is not a case of sub-letting.
• In disputes relating to partnership or agency, the burden to disprove the relationship or deny ownership arising from such relationship lies on the party who makes such denial.

6. Nature of Presumption
The presumption under Section 112 is a presumption of law, not merely of fact. It operates mandatorily once the foundational facts—namely, conduct indicating the relationship—are established.

7. Conclusion
Section 112 plays a crucial role in maintaining certainty and stability in legal relationships. By presuming the continuance of relationships such as partnership, tenancy, and agency, it prevents parties from arbitrarily denying established relations and ensures that the burden of proof rests on the person who seeks to challenge the existing legal position.