NEW INDIA ASSURANCE CO.LTD. vs NUSLI NEVILLE WADIA

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, which in this case is the New India Assurance Company Ltd. The Court clarified that the tenant must be given an opportunity to respond to the evidence presented by the landlord, thereby ensuring a fair hearing as mandated by Article 14 of the Constitution of India.