KATTUKANDI EDATHIL KRISHNAN & ANR. versus KATTUKANDI EDATHIL VALSAN & ORS.

KATTUKANDI EDATHIL KRISHNAN & ANR. versus KATTUKANDI EDATHIL VALSAN & ORS.

The documents produced by the plaintiffs together with oral evidence (including PW-2) established long duration of cohabitation between Damodaran and Chiruthakutty such that, under Section 114 IEA, a presumption of marriage arose which the defendants failed to rebut; accordingly the Trial Court's finding that the first plaintiff was a legitimate son was restored and the Trial Court decree for partition was reinstated; additionally, Trial Courts are directed to proceed suo motu to take steps under Order XX Rule 18 CPC after passing a preliminary decree.

Parties
Appellants Plaintiffs: Kattukandi Edathil Krishnan & Anr.; Respondents Defendants: Kattukandi Edathil Valsan & Ors.
Jurisdiction
India
Judgment Date
13 June 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeals allowed; judgment and decree of the High Court set aside; Trial Court judgment and preliminary decree for partition restored.
Legal Topics
Presumption of Marriage, Legitimacy of Children, Partition of Coparcenary Property, Order XX Rule 18 CPC, Section 114 Indian Evidence Act, 1872, Mitakshara Coparcenary
Evidence Civil Procedure Property Law Family Law Presumption of Marriage Legitimacy of Children Partition of Coparcenary Property Order XX Rule 18 CPC +2 more

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Parties

Kattukandi Edathil Krishnan & Anr.

Appellants Plaintiffs

Kattukandi Edathil Valsan & Ors.

Respondents Defendants

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether long cohabitation between parents gives rise to a presumption of marriage under Section 114 Indian Evidence Act, 1872 and thereby legitimates children
  2. 2 Whether the plaintiffs are entitled to share in the coparcenary property as legitimate heirs
  3. 3 Whether the High Court was justified in setting aside the Trial Court decree

Ratio Decidendi

The documents produced by the plaintiffs together with oral evidence (including PW-2) established long duration of cohabitation between Damodaran and Chiruthakutty such that, under Section 114 IEA, a presumption of marriage arose which the defendants failed to rebut; accordingly the Trial Court's finding that the first plaintiff was a legitimate son was restored and the Trial Court decree for partition was reinstated; additionally, Trial Courts are directed to proceed suo motu to take steps under Order XX Rule 18 CPC after passing a preliminary decree.

Court Disposition

Appeals allowed; judgment and decree of the High Court set aside; Trial Court judgment and preliminary decree for partition restored.

Orders

  • Appeals allowed
  • Judgment and decree of the High Court dated 05.02.2009 set aside and the judgment and decree passed by the Trial Court restored