CHOWDAMMA (D) BY LR AND ANOTHER versus VENKATAPPA (D) BY LRS AND ANOTHER

CHOWDAMMA (D) BY LR AND ANOTHER versus VENKATAPPA (D) BY LRS AND ANOTHER

The testimony of P.W.2, grounded in personal knowledge and long-standing acquaintance and consistent with Section 50 Evidence Act, together with the corroborative genealogical chart, established that the deceased lived with the respondents' mother as husband and wife; the respondents discharged their burden and the...

Source-derived case information.

Parties
Appellant: Chowdamma (D) by LR and Another; Respondent: Venkatappa (D) by LRs and Another
Jurisdiction
India
Judgment Date
25 August 2025
Procedural Posture
Civil Appeal / Final Judgment on Appeal (supreme Court)
Outcome
Appeal dismissed
Legal Topics
Proof of Relationship, Presumption of Marriage, Section 50 Evidence Act, Proof of Pedigree, Burden of Proof and Onus, Adverse Inference Under Section 114(g) Evidence Act, Revenue Records and Title, Consequences of Failure to Testify
Evidence Family Law Property Law Civil Procedure Proof of Relationship Presumption of Marriage Section 50 Evidence Act Proof of Pedigree +4 more

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Parties

Chowdamma (D) by LR and Another

Appellant

Venkatappa (D) by LRs and Another

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal (supreme Court)

Legal Issues

  1. 1 Whether respondents established a valid marital relationship between their mother and the deceased primarily on the basis of oral testimony of P.W.2
  2. 2 Whether the relationship between the deceased and the respondents' mother can be presumed to be a valid marital union in the absence of formal documentary proof
  3. 3 Whether adverse inference under Section 114(g) Evidence Act is warranted for defendant No.1's failure to testify

Ratio Decidendi

The testimony of P.W.2, grounded in personal knowledge and long-standing acquaintance and consistent with Section 50 Evidence Act, together with the corroborative genealogical chart, established that the deceased lived with the respondents' mother as husband and wife; the respondents discharged their burden and the defendants failed to rebut that case; defendant No.1's deliberate failure to testify (without invoking available CPC remedy for infirmity) warranted an adverse presumption under Section 114(g) Evidence Act; revenue entries are presumptive and do not confer title; accordingly the High Court rightly set aside the Trial Court and decreed the partition in favour of the...

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs