Indian Evidence Act, 1872 | S. 101

* Title Suit – burden of proof – Plaintiff can succeed only on the strength of hiw own case and on the defendants weakeness.
AIR 1979 Cal. (M/s. Roy and Co. v. Smt. Nani Bala Dey)
AIR 1997 All. 17

* Weakness of Defendant’s title – the Plaintiff must succeed on the strength of his own title and is not assisted by any weakness, real or apparent in the case for the Defendant.
AIR 1924 Calcutta 558 (Lakshan Chandra v. Takim Dhali)

* Weakness in the Defendant’s case cannot be taken advantage of.
AIR 1948 Oudh 139 (Lachmi Narian v. Lachmi Narian)

* Positive proof by Plaintiff is required and not negative disproof by Defendant.
AIR 2003 Gujarat 82 : 2003(2) GCD 1614 (Heirs of Kantilal Patel v. Dahiben)