Burden to Prove Repayment of Amount Borrowed is on party claiming to paid: SC

Anita Rani Vs Ashok Kumar And Ors. (Supreme Court of India) The Supreme Court has held that when payment of money and repayment of a portion of it is admitted by a party, then the onus to establish that there was full and final settlement of the dues is also on that party. Section 70 is based on the premise that something was done by one party for another and that the work so done voluntarily, was accepted by the other. Therefore, as a corollary, the plea that there was a subsisting contract in the nature of business transactions, is antithetic to the very essence of section 70. This is why se...