Section 10 in The Exemptions from Land-Revenue (No. 1) Act, 1863
10. Burden of proof in cases of inquiries under section 6.
- Whensoever any person, or persons, holding lands wholly or partially exempt from the payment of land-revenue upon the title to which exemption there has not been any formal adjudication, shall (whether such alleged title be founded on grant or prescription or on any other ground whatsoever) demand an inquiry under section 6 [* *] [The words 'of this Act' were repealed by the Bombay General Clause Act, 1886 (Bombay 3 of 1886) Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act, 1904 (Bombay 1 of 1904).] into such title, the burden of proof of such title shall, in every instance, lie and be cast exclusively upon the person or persons holding, or claiming to hold, such lands so wholly or partially exempt from the payment of land-revenue as aforesaid, notwithstanding any existing usage, law, Regulation, Act or Statute in anywise to the contrary;and it shall not be lawful for any Civil Court [* * * *] [The words 'or Court of Law or Equity' were repealed by the Repealing Act, 1876 (XII of 1876).] to place the burden of proof upon [the Crown] [The words 'the Crown' were substituted for words 'Government' by the daptation of Indian Laws order in Council.], or upon the officer or officers representing [the Crown] [The words 'the Crown' were substituted for words 'Government' by the daptation of Indian Laws order in Council.], of a right to levy the ordinary land-revenue upon the lands the subject of any such inquiry as aforesaid, and it shall in every instance be presumed, until the contrary is distinctly proved, that [the Crown] [The words 'the Crown' were substituted for words 'Government' by the daptation of Indian Laws order in Council.] has the right to levy such ordinary land revenue upon the lands the subject of any such inquiry as aforesaid.It is, however, hereby further provided that nothing in this section contained shall disentitle [the Crown] [The words 'the Crown' were substituted for words 'Government' by the daptation of Indian Laws order in Council.], or its duly authorised officers, to produce and give evidence in rebuttal or disproof of the alleged title to exemption aforesaid, if it seem to [the Crown] [The words 'the Crown' were substituted for words 'Government' by the daptation of Indian Laws order in Council.], or its duly authorised officer, desirable or necessary to produce and give such evidence.
