( 1 ) [ His Lordship after discussing the evidence upheld the decision of the learned trial judge who held that the entire burden of proof to establish the factum of marriage rested on the plaintiffs and that they failed to discharge that onus of proof. His Lordship further observed: ]

( 2 ) THE learned Advocate General however argued that even if the plaintiffs have not been able to satisfactorily establish the factum of marriage the fact of Gopaldas and Ratan having lived together as husband and wife and having cohabited would raise a presumption of marriage. He relied upon the decision in Chandulal Agarwala v. Khalilar Rahman I. L. R. 1942 Cal. 299 where it has been observed that where parties constantly openly and continuously lived and cohabited together for several years and had several children and were regarded and recognised as husband and wife by relations and friends these facts in the absence of contrary circumstances afford clear and conclusive evidence of marriage and that presumption would arise under sec. 114 of the Indian Evidence Act that a marriage had taken place between such persons living and cohabiting together. It should be remembered that the