B N KUMARASWAMY; NAGAPPA Vs. KUM SHASHIKALA

JUDGEMENT

(1.) This second appeal is filed by the defendants in O.S. No.37/2004, assailing judgment and decree passed in R.A. No.49/2007, dated 11.01.2013, by the Court of the Addl. District Judge, Chikamagalur, modifying the judgment and decree passed by the Civil Judge (Sr.Dn.) and Prl. JMFC., Tarikere in O.S. No.37/2004.

(2.) For the sake of convenience, the parties shall be referred to in terms of their status before the trial Court.

(3.) Briefly stated the facts are that, respondent filed the suit seeking damages on account of her engagement with the defendant No.1 not culminating in their marriage. It appears that, the plaintiff and defendant No.1 were known to each other, as they belong to the same village that negotiations between the families of the plaintiff and defendants took place and engagement ceremony was held on 24.04.2002 in the defendants' house by which, the plaintiff was betrothed to the defendant No.1. The marriage ceremony was to be performed subsequently. It is the averment of the plaintiff that till July 2003, the marriage ceremony could not be performed on account of defendants postponing the same for one reason or the other. As a result, plaintiff was constrained to issue legal notice to the defendant No.1 requesting him to agree to get married to the plaintiff. As the legal notice did not have its desired effect, plaintiff filed the suit seeking damages of a sum of rupees one lakh with interest at the rate of 2% per annum from the defendants.