[40] Under s 101 of the Evidence Act 1950 "Whoever desires any court to give judgment as to any of its legal right or liability ......must prove that those facts exist". Therefore, the burden of proof is on the Defendant to show that the Agreement was approved by the Plaintiff in its AGM by "resolution" under s 45(5), or even by a "certificate" issued by the Plaintiff under s 45(4), of the STA . It is not good enough, and \ does not suffice for the Defendant to show that the Agreement was signed by N. Madhavan Nair, the previous Chairman of the Plaintiff. The Defendant is required to prove that the Agreement was approved by the Plaintiff at its AGM. However, the Defendant failed to do this. This situation is unlike that of the Plaintiff, where notwithstanding that the Plaintiff did not show the resolutions passed at its 1st AGM and 4th AGM to approve the rates of the maintenance charges, at least the Plaintiff had its witness, PW1, to orally confirm that th