The central legal point established in the judgment is the application of the Evidence Act, Section 114 and the presumption of valid marriage in determining inheritance rights and property ownership.

1. This is plaintiffs appeal against the judgment and decree passed in Civil Appeal No. 4-A/95 affirming the judgment and decree passed by the trial Court. The appeal was admitted for hearing vide order dated 26.7.2002 on the following substantial question of law :

"Whether the Courts below have erred in holding that Bhuri Bai was the heir of Pancharn Singh, when as per the finding of the first appellate Court she was not legally married wife of Panch am Singh".

2. Plaintiffs filed a suit for declaration and recovery of possession and permanent injunction. They pleaded that Pratap Singh and Imratsingh were real brothers and Imratsingh had two sons i.e. Mangal Singh and Pancharnsingh. Mangal Singh had two sons i.e. Chandan Singh and Vinay Singh. Plaintiffs are sons of Mangal Singh. Panchamsingh had no sons or daughter, he died issueless, hence they become owner of the property of Pancham Singh which was agriculture land and a house. The defendants denied the claim of the plaintiffs. They pleaded that Bhuribai was a widow woman and after the death of her husband she married with Pancham Singh and she executed a registered gift deed on 29.9.1965 in favour of the defendants and on the basis of the aforesaid gift deed they became owner of the suit property. The suit land was mutated in favour of Bhuribai died in Samvat 2025. The trial Court idler appreciation of evidence has held that earlier Bhuribai was married to Kalyansingh and after death of Kalyansingh on the basis of evidence she became the wife of Panchamsing hand she executed a gift deed in favour of the defendants on 29.9.1965 and because the land came in favour of Bhuribai hence the plaintiffs have no right over the suit property, the aforesaid finding shave been affirmed by the first appellate Court.

3. The learned senior counsel has submitted that both the Courts have committed error of law in holding the factum of marriage between Bhuribai and Panchamsingh proved although from the evidence it is clear that no marriage ceremony was performed as per law. Hence, when there was no marriage ceremony as per law, Bhuribai could not inherit the suit property Hence; the findings of-both the Courts are perverse. In support of his contention, learned senior counsel relied on a judgment of the Division \ Bench Damroolal Harchand and others Vs. Laxminarayan Ramanujdas Brijpuria and others and the judgment of the Hon'ble Supreme Court Surjit Kaur. Vs. Gdrja Singh and others Contrary to this learned counsel for the respondents defendants has submitted that both tile Courts have rightly held that Pancham Singh and Bhuribai were husband and wife and in such circumstances the suit of the plaintiffs has rightly been dismissed. In support of his contention he relied on judgments of the Hon'ble Supreme Court S.P.S. Balasubramanyam Vs. Suruttayan alias Andali Padayaehi and others and Gokal Chand Vs. Parvin Kumari

4. The plaintiffs filed the suit on the basis of fact that Imratsingh had two sons namely Mangalsirigh and Panchamsingh and another brother of Imratsingh was Pratapsingh, who had one son i.e. Kalyansingh and Kalyansingh was married to Bhuribai. In the written statement the marriage of Kalyansingh and Bhuribai has not been admitted by the defendant but the fact remains that Kalyansingh died and Bhuribai was the widow of Kalyansingh because the aforesaid finding has been given by both the Courts below. After the death of Kalyansingh, Bhuribai is said to have married with Panchamsingh. Both the Courts have held that Bhuribai and Pancham Singh had been living together for a quite long time and this fact has been found proved from the evidence of the plaintiffs themselves (PW1) Chandansingh (PW 2) Vinaysingh and (PW 3) Ramsingh. The detail analysis of the evidence has been done by the learned first appellate Court in para 15 of the judgment. Apart from this exhibit D-1 which was an application filed by the plaintiffs before the Sub Divisional Officer the name of Bhuribai has b