Burden of Proof andOnus of Proof.

Initial Burden on one whotakes affirmative of theissue

•A party who wishes the court to give a judgementon the existence of a fact should prove the fact.•K. Prasad v. G.Prasad, A.I.R. 2001 Pat. 1 – A personwho questions a gift deed on the ground of fraudhas to prove that fact. In this case the legal heirswho would have otherwise inherited the donatedproperty questioned it.• Where a landlord seeks eviction on the ground of bonafide personal need, burden lies upon him toestablish that he is genuinely in need of accommodation. S. Benezer v. Velayudhan, A.I.R.1998 S.C. 746.

Onus and Burden

•Burden of proof lie on the person who has to provea fact and it never shifts.•Onus of proof shifts and it includes assertion of aproposition or fact which is not self-evident•R. Somabhai v. Babubhai, AIR 1982 Guj. 308 – Burden of proof as a matter on law and pleadingsnever shifts (section 101 – whoever desires anyCourt to give judgement as to any legal right or liability dependant on the existence of facts whichhe asserts, must prove that those facts exists).•Onus of proof as a matter of adducing evidenceshifts (section 102 – the burden of proof in a suit or proceeding lies on that person who would fail if noevidence at all were given on either side).