Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act 1872 – s.114 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence Act, 1872 – s.114 – Share in coparcenary property – Partition suit filed by appellants-plaintiffs claiming half share in the coparcenary property – Respondents-defendents challenged the marriage of the first plaintiff’s parents i.e. ‘D’ and ‘C’ and also contended that plaintiff no.1 is not the son born out of the said wedlock – Trial Court upheld the validity of marriage of first plaintiff’s parents and held that plaintiff no.1 is son born out of said wedlock and passed preliminary decree for partition of the suit property – Appeal filed by respondent before High Court – High Court held that plaintiff no.1 is son of ‘D’ but not a legitimate one and thereby denied partition of the property – Before the Supreme Court, appellants contended that as per s. 114 IEA, long course of living together between a male and female will raise a rebuttable presumption of marriage between them and the children born in such relationship are considered to be legitimate children – Held: From the documents on record coupled with the evidence of PW-2, would show that there was long duration of cohabitation between parents of plaintiff no. 1 – Though the presumption of s.114 IEA is rebuttable, heavy burden lies on him who seeks to rebut the presumption – The respondents have failed to rebut the presumption of marriage raised as per s. 114 IEA – Therefore the judgment of the trial Court is upheld – As far as issue of delay in initiating final decree proceedings u/Or. XX, r.18 of the CPC is concerned, the trial Courts directed to list the matter for taking steps u/Or. XX Rule 18 of the CPC soon after passing of the preliminary decree for partition and separate possession of the property, suo motu and without requiring initiation of any separate proceedings – Code of Civil Procedure,1908 – Or. XX, r. 18. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2022 INSC 643 |
Petitioner | Kattukandi Edathil Krishnan & Anr. |
Respondent | Kattukandi Edathil Valsan & Ors. |
SCR | [2022] 7 S.C.R. 1120 |
Judgement Date | 2022-06-13 |
Case Number | 6406 |
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