'
SRI CHOWDEGOWDA @ DORJI (DEAD) BY LRS. AND ORS.
A
v.
C. NEGARAJU AND ORS.
AUGUST 5, 1996
{K. RAMASWAMY AND G.B. PATTANA!K, JJ.]
B
Hindu Law:
Maniag,,.....Presumption-'A' and 'B' lived together as husband and wife
and tile appellant was bom from the wed-lock-Held, presumption of valid C
maniage and as to appellant having been bom legitimately out of the said
maniage could be drawn.
Suit for pmtition-Appellant claiming his share in tile property left by
the deceased as his son from tile first wif<t-Held, evidence indicates that
deceased described tile appellant to be tile son bom to his first wif<t-Though D
there is controversy as regards the factzau of custo111a1y 111arriage stated to
have taken place in 1920, but in view of tile facts that mother of appellant
and tile deceased lived together as wife and husband and appellant came to
be bom from tile wed-lock, presumption of valid maniage and arpel/alll
having been bom legitimately out of that mamage could be drawn-Appellant E
is granted one acre of wet land and the rest of the land to be given to
respondents according to their respective shares.
Bad1i Prasad v. Deputy Direc_tor of Consolidation, [1978) 3 SCC 527;
Sumitra Devi v. Bilika11 Choudhary, [1985) 1 SCC 637 and S.P.S.
Balasubramanyan v. Surnttayan, [1994) 1 SCC 460, relied on.
F
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10696 of
1996.
From the Judgment and Order dated 17.3.95 of the Karnataka High
Court in R.S.A. No. 204 of 1994.
G
S.N. Bhat for the Appellants.
P. Mahale and Shante Kr. V. Mahale for the Respondents.
The following Order of the Court was delivered :
287
H
288
SUPREME COURT REPORTS [1996] SUPP. 4 S.C.R.
A
Leave granted.
B
c
We have heard learned counsel on both sides.
Since this is a long drawn litigation for over 37 years we think it
appropriate to give quick end lo the litigation instead of remanding the
matter to the High Court for further remanding it to the appellate Court.
It is not in dispute that Ma chine Chowdegow<la, the father of the appellant
had three brothers. The suit came to be filed for partition of 10 acres of
wet land, 5.30 acres of dry land, 30 gunthas of house site into four equal
patts and l/8th share towards the appellant-plaintiff. At three stages, the
suit came to be dismissed and ultimately in the second appeal No. 204/94,
by judgment and decree dated March 17, 1995 the High Court of Kar-
nataka confirmed the dismissal of the suit. Thus this appeal by special
leave.
There is evidence in this case Exs. P-1, P-4 and P-36 which would
D
indicate that Machine Chowdegowda had described the appellant to be the
son born to his first wife, Siddamma. It is seen that there is a controversy
as regards the factum of the customary marriage by name Kuduvali mar-
riage which seems to have taken place in early 1920. Under those cir-
cumstances, at the distance of 40 years it would be difficult to prove with
E
certainly of evidence of the factum of the marriage etc. But the meat of
the fact is that Siddamma and Machine Chowdegowda lived together a!i.
wife and husband and the appellant came to be born from the wed-lock.
Under those circumstances, the prcsun1ption of valid rnarriage and as to
appellant having been born legitimately out of the that marriage through
Machine Chowdegowda could be drawn. This is the legal position settled
F
by this Court in Radii Prasad v. Deputy Director of Consolidation, [1978] 3
SCC 527; Sumitra Devi v. Bhikan Choudhmy, [1985] 1 SCC 637 and S.P.S.
Ba/asubramanyan v. Swuttayan, [1994] 1 SCC 460. The appellant must,
therefore, be presumed to be a legitimate son of Machine Chowdegowda.
Accordingly the appellant is granted one acre of the wet land and the rest
G of the land will be given to the respondents according to the respective
shares. A preliminary decree be drawn and an application to pass final
decree be made and dealt with by the trial Court.
The appeal is accordingly ailowed. No costs.
R.P.
Appeal allowed.
r
Lex