Chowdamma (D) By LR and Anr. vs. Venkaappa (D) by LR’s. & Anr. (SC)

Evidence Act, 1872–Sec. 50–[Corresponding Sec. 44 of BSA, 2023]–Relationship between the deceased D and mother of plaintiffs as husband and wife–Establishment–Paucity of documentary and contemporaneous material–PW 2 was aged 75 years and a resident of village of plaintiff’s mother’s parental village, affirmed having personal knowledge of relationship–He unequivocally stated that both married to each other before 57 years in his village–He also stated that latter on, the deceased brought the defendant no. 1 and at her instance, plaintiffs were ousted–His testimony being that of a person residing in the same village and having a long standing familiarity with both the plaintiffs and the defendants, coupled with his awareness of the events cannot be dismissed as a mere hearsay.