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The New Delhi Municipal Council Act

113What buildings are to be deemed vacant

(1) For the purposes of sections 110 and 111 no land, building or tenement shall be deemed vacant if maintained as a pleasure resort or town or country house or be deemed unproductive of rent if let to a tenant who has a continuing right of occupation thereof, whether he is in actual occupation or not.

(2) The burden of proving the facts entitling any person to claim relief under sections 109, 110 or section 111, shall be upon him.

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