Presumption of marriage from long cohabitation prevails where official records are inconsistent and lack probative value.

Official records such as school registers, voter lists and certificates did not dislodge concurrent findings on the deceased's relationship with Smt. Shakuntala or the respondents' heirship, because admissibility is distinct from probative value and the documents were internally inconsistent. The Court also reaffirmed that long and continuous cohabitation of a man and woman as husband and wife raises a presumption of marriage and legitimacy of children, rebuttable only by unimpeachable evidence. On the facts, the appellants' material was unreliable and contradictory, so the presumption remained unrebutted and the respondents' claim stood.

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Issues: (i) Whether official records such as school registers, voter lists and certificates were sufficient to dislodge the concurrent findings of fact regarding the relationship between the deceased and Smt. Shakuntala and the respondents' status as heirs; (ii) Whether long and continuous cohabitation of a man and woman as husband and wife gives rise to a presumption of marriage and legitimacy of children, rebuttable only by reliable evidence.

Issue (i): Whether official records such as school registers, voter lists and certificates were sufficient to dislodge the concurrent findings of fact regarding the relationship between the deceased and Smt. Shakuntala and the respondents' status as heirs.

Analysis: The material relied upon by the appellants was found to be internally inconsistent and incapable of reliable acceptance. The Court reiterated that admissibility of a document is distinct from its probative value, and entries in public or official records must be examined for authenticity, source of information and corroboration. Where documentary entries lead to improbabilities or absurd results, they do not justify upsetting concurrent factual findings recorded by the statutory authorities and affirmed in writ jurisdiction.

Conclusion: The concurrent findings could not be disturbed on the basis of the documents produced by the appellants.

Issue (ii): Whether long and continuous cohabitation of a man and woman as husband and wife gives rise to a presumption of marriage and legitimacy of children, rebuttable only by reliable evidence.

Analysis: The Court applied the settled principle that the law presumes in favour of marriage and against concubinage when a man and woman have lived together continuously for a long period as husband and wife. Such a presumption can be displaced only by unimpeachable evidence. On the facts found by the authorities below, the relationship was longstanding, socially recognised and supported by official records, while the appellants' evidence was unreliable and contradictory.

Conclusion: The presumption of marriage stood unrebutted and the respondents' claim could not be rejected.

Final Conclusion: The appeal failed because no perversity or legal error was shown in the concurrent findings, and the evidence relied upon by the appellants was insufficient to override the presumption arising from long cohabitation.

Ratio Decidendi: Admissible official entries do not prevail unless they also possess probative value sufficient to overcome concurrent findings, and long continuous cohabitation of a man and woman as husband and wife raises a rebuttable presumption of marriage and legitimacy.

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