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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

Ravi sues Sunil for recovery of a plot, claiming that it was bequeathed to him by Sunil's late father under a will. Sunil is in possession of the plot. If neither side leads any evidence, Sunil would keep the plot. On whom does the burden of proof lie under the Bharatiya Sakshya Adhiniyam, 2023?

The burden lies on Ravi. Under Section 105, the person who would fail if no evidence were given by either side must prove his case. Since Sunil would keep the plot without any evidence, Ravi, who asserts the will, must prove it.

  1. AOn Sunil, because he is in possession of the plot
  2. BOn Ravi, because he would fail if no evidence were given on either sideCorrect
  3. COn both parties equally, because the title is disputed
  4. DOn the Court, which must find out who owns the plot

Explanation

Section 105 places the burden of proof in a suit on the person who would fail if no evidence at all were given on either side. Without evidence Sunil retains possession, so Ravi would fail and the burden is on him. Placing it on Sunil confuses possession with the duty to prove title.

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