Nilima Mukherjee vs Kanta Bhusan Ghosh

The Supreme Court upheld the decision of the Calcutta High Court dismissing the second appeal regarding the eviction of the appellant from the premises owned by the respondent. The Court emphasized that under Section 11 of the Hindu Adoption and Maintenance Act, 1956, the burden of proof lies on the appellant to establish the validity of her alleged adoption by late Ramesh Chand Ganguly, which she failed to do. The Court affirmed the lower courts' findings that the evidence presented was insufficient to prove the factum of adoption, leading to the conclusion that the tenancy had become extinct upon the death of the original tenant.