[Final Decree Proceedings – Delay] Court emphasized need to avoid delay in drawing final decrees under Order XX Rule 18 CPC; preliminary decree does not dispose of suit; courts should proceed suo motu to final decree without requiring separate proceedings. (Paras 29–33)

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[Partition – Claim of Legitimacy] Plaintiffs claimed half share in family property as descendants of Damodaran through Chiruthakutty; defendants denied marriage and legitimacy. (Paras 3–4)

[Trial Court Findings] Long cohabitation between Damodaran and Chiruthakutty established; presumption of marriage drawn; plaintiff held legitimate son; preliminary decree for partition passed. (Paras 5–6)

[High Court Reversal] Held no valid marriage proved; plaintiff treated as illegitimate child; denied share in coparcenary property. (Paras 7–9)

[Presumption of Marriage – Section 114 Evidence Act] Law presumes marriage from long cohabitation; legitimacy favoured over bastardy; heavy burden on party denying marriage. (Paras 15–19)

[Case Law Principles]

• Andrahennedige Dinohamy v. Balahamy (PC): Cohabitation presumed to be marriage. (Para 16)

• Mohabbat Ali Khan v. Mohd. Ibrahim Khan (PC): Presumption against concubinage. (Para 17)

• Badri Prasad v. Dy. Director of Consolidation: Strong presumption of wedlock from long cohabitation. (Para 18)

• S.P.S. Balasubramanyam v. Suruttayan: Presumption of legality of marriage from long years of living together. (Para 19)

• Tulsa v. Durghatiya, Challamma v. Tilaga, Madan Mohan Singh v. Rajni Kant, Indra Sarma v. V.K.V. Sarma: Similar principles reiterated. (Para 20)

[Evidence Supporting Marriage] Birth certificate, voters list, death certificate, insurance policy, military discharge certificate, electoral cards, and letters (Exs. A2–A23) corroborated marriage and legitimacy. (Paras 22–25)

[Supreme Court Holding] Defendants failed to rebut presumption; marriage between Damodaran and Chiruthakutty established; plaintiff legitimate; High Court erred in denying partition. Trial Court decree restored. (Paras 26–28)

[Final Decree Proceedings – Delay] Court emphasized need to avoid delay in drawing final decrees under Order XX Rule 18 CPC; preliminary decree does not dispose of suit; courts should proceed suo motu to final decree without requiring separate proceedings. (Paras 29–33)