556 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Comment—
The death of any party once shown to have been alive is a matter to be determined by the Court. As the presumption is in favour of the continuance of life the onus of proving the death lies on the party who asserts it. But the presumption of continuance of life ceases at the expiration of 7 years from the period when the person in question was last heard of. And the burden of proving that the person was alive within the seven years is upon the person asserting it
But a Court may find the fact of death from the lapse of a shorter period than seven years, if other circumstance concur.
Re. : Walker (1909) P. 115.
Application of Sections 107-108.
The question for which provision is made in these two sections is whether a person is alive or dead at the time the question is raised. These sections do not apply where the question is whether the man died at a particular time. If any one seeks to establish the precise time of death the burden of proof is upon him.
Section 109. This section deals with the burden of proof as to continuance or discontinuance of three relationships.
(1) Partners.
(2) Landlord and tenant.
(3) Principal and agent
This section provides that once it is shown that two persons have stood in the relationship of partners, Landlord and Tenant or Principal and Agent the burden of proving that they have ceased to stand in that relationship is on the party who alleges that they have ceased.
§ Section illustrative of the 4th Principle—
Section 110. This section deals with the burden of proof regarding title to property when the competition is between a person in possession and the owner who is out of possession.
- The rule laid down in Section 110 is that the burden of proof that the person in possession is not the owner is on the person who alleges that he is not the Owner.