2010 (8) TMI 1168 - SC - Indian Laws

Summary

Issues Involved:
1. Legitimacy of the respondents' claim as heirs.
2. Evaluation of documentary evidence regarding the respondents' birth dates.
3. Presumption of marriage from long-term cohabitation.

Summary:

Legitimacy of the Respondents' Claim as Heirs:
The respondents, Rajni Kant and Anjani Kumar, claimed to be the sons of Chandra Deo Singh and sought inclusion of their names as his heirs u/s 9A(2) of the U.P. Consolidation of Holdings Act, 1953. The appellants contested this, asserting that the respondents were not legitimate heirs. The Consolidation Officer, Settlement Officer, and the High Court all ruled in favor of the respondents, affirming their status as heirs based on the long-term relationship between Chandra Deo Singh and Smt. Shakuntala.

Evaluation of Documentary Evidence:
The appellants presented various documents, including school registers and voter lists, to challenge the respondents' legitimacy. They argued that these documents showed inconsistencies in the birth dates of the respondents and their mother, Smt. Shakuntala. The Supreme Court noted that while these documents were admissible u/s 35 of the Indian Evidence Act, their probative value was questionable due to inconsistencies. The Court cited precedents emphasizing that admissibility does not equate to probative value and that such documents require corroboration.

Presumption of Marriage from Long-term Cohabitation:
The Court upheld the findings of the lower authorities that Chandra Deo Singh and Smt. Shakuntala had lived together as husband and wife for a long period, which created a presumption of marriage. This presumption was supported by societal acceptance and official documents. The Court referenced previous judgments that long-term cohabitation leads to a presumption of marriage, which can only be rebutted by unimpeachable evidence.

Conclusion:
The Supreme Court dismissed the appeal, stating that the appellants failed to provide reliable evidence to rebut the presumption of marriage between Chandra Deo Singh and Smt. Shakuntala. The concurrent findings of the lower authorities were affirmed, and the appeal was found to lack merit.