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1988 Supreme(AP) 327

K.RAMASWAMY
Kondamma – Appellant
Versus
Joint Collector, Anantapur – Respondent


K. RAMA SWAMY, J.

( 1 ) THE petitioner admittedly lived with late Narasimha Reddy as a woman and man for over thirty five years and be executed a will before his death. Thereafter, escheat proceedings were initiated at the behest of the fourth respondent. The Tahsildar has held in his proceedings dated september 6, 1978, that the petitioner is the legally wedded wife, drawing the presumption of a valid marriage, due to their living together for a long period of over thirty five years. On appeal, at the instance of the fourth respondent again, the appellate authority held that since there is no legal marriage, the presumption of valid marriage cannot be drawn. On that ground, allowed the appeal and set aside the order declaring the property to be escheat. Assailing the legality thereof, the writ petition has been filed.

( 2 ) PENDING proceedings before the Tahsildar, the petitioner filedos 193/76. 67/77, and 116/78. The fourth respondent also filed OS No. 118/78. The trial Court by judgment dated August 10, 1981, held that the presumption of a valid marriage can be drawn in view of the petitioner s continued living for over thirtyfive years with the deceased Narasimha Reddy but negat


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