Section 112 of BSA : Section 112: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.

Explanation using Example

Example 1:

Scenario: Raj and Simran have been running a business together for several years. They share profits and losses equally and have a joint bank account for business transactions. One day, Raj claims that they are not partners anymore and that Simran has no right to the business profits.

Application of Section 112: Since Raj and Simran have been acting as partners, the burden of proof is on Raj to prove that they are no longer partners. Raj must provide evidence that their partnership has been dissolved or that they have ceased to act as partners.

Example 2:

Scenario: Mr. Sharma has been renting an apartment from Mrs. Gupta for the past five years. He pays rent monthly and has a rental agreement. Recently, Mrs. Gupta claims that Mr. Sharma is no longer her tenant and demands that he vacate the apartment immediately.

Application of Section 112: Since Mr. Sharma has been acting as a tenant and paying rent, the burden of proof is on Mrs. Gupta to prove that Mr. Sharma is no longer her tenant. Mrs. Gupta must provide evidence that the rental agreement has been terminated or that Mr. Sharma has ceased to be her tenant.

Example 3:

Scenario: Priya has been working as an agent for a real estate company owned by Mr. Verma. She has been negotiating deals and signing contracts on behalf of the company. One day, Mr. Verma claims that Priya is no longer his agent and that she has no authority to act on behalf of the company.

Application of Section 112: Since Priya has been acting as an agent for Mr. Verma's company, the burden of proof is on Mr. Verma to prove that Priya is no longer his agent. Mr. Verma must provide evidence that Priya's agency has been terminated or that she has ceased to act as his agent.