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december 2007

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.

New India Assurance Company Ltd vs Nusli Neville Wadia And Another · Niyam