Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent:
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.
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Section 109 lays down the principle dealing with the presumption of the continuity of relationship between persons or a state of things. When persons acted as partners or as landlord and tenant or as principal and agent, the burden of proving that such relationship does not exist, lies on the person who affirms it. According to this section when a person stands a relationship of partners of a firm or landlord and tenant or principal and agent it is presumed that such relationship continues unless the contrary is proved.
When certain persons have been shown to be related to each other, the presumption is that the relationship continues and if one of them says that they are no more related, he must prove the non-existence of relationship. The burden of proving sub-letting is on the landlord but if the landlord proves that the sub-tenant is in exclusive possession of the suit premises, then the onus is shifted to the tenant to prove that it was not a case of sub-letting.
The burden to prove relationship of landlord and tenant and denial of ownership of alleged landlord lies on the party who denies the relationship and ownership.