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Report No. 185

Section 109

This section deals with the 'Burden of proof as to relationship in the case of partners, landlord and tenant, principal and agent'. That section reads as follows:

"109. 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."

The section is also based on the presumption of 'continuance' and is related to illustration (d) of Section 114.

The presumption as to continuance of a partnership was provided in Section 256 of the Contract Act, 1872 as originally stood and that section has now become Section 47 of the Partnership Act, 1932.

Similarly, there is a presumption of continuance of the relationship of landlord and tenant.

So is the case of the relationship of principal and agent. In the 69th Report, in para 51.6, it was stated that this section does not call for any changes. We agree.

Review of the Indian Evidence Act, 1872 Back

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