Beebi Johara v. Warusavithana – sllr 1998 volume 3 page 227

In the case between Beebi Johara (plaintiff) and Warusavithana (defendant), the court addressed whether, upon admitted lease and subsequent occupation, the defendant could claim lawful possession as a statutory tenant under the Rent Act. It was determined that, following admission of both the lease and plaintiff’s ownership, the burden of proof rested upon the defendant to substantiate lawful possession. The evaluation of the defendant’s evidence—including the historicity and validity attributed to document V1—established material inadequacies, notably concerning the credibility of its provenance. The application of section 134 of the Civil Procedure Code and section 165 of the Evidence Ordinance was confined to judicial supplementation, not rectification of deficient party evidence. The S