Supreme Court of India · 2007-12-13
New India Assurance Company Ltd vs Nusli Neville Wadia And Another
- Citation / case number
- AIR 2008 SUPREME COURT 876
- Court
- Supreme Court of India
- Petitioner
- New India Assurance Company Ltd
- Respondent
- Nusli Neville Wadia And Another
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court addressed the procedural question of who should lead evidence in eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Court held that the burden of proof lies on the party seeking eviction, thereby establishing that the appellant, New India Assurance Company Ltd., must present its evidence first. The judgment reversed the Bombay High Court's decision that had favored the tenant's request to lead evidence first, thereby upholding the Estate Officer's order.