RAMALINGA MUDALI Vs. NATESA MUDALI

JUDGEMENT

(1.) The 1st defendant in O.S. No. 1 of 1981 on the file of the Court of Munsiff, Palghat, is the appellant in this Second Appeal.

(2.) The 1st respondent herein filed a suit for recovery of Rs. 1,000/- as damages from the defendants for breach of contract of marriage. The 2nd defendant is the son of the 1st defendant. The plaintiff and the defendants are Hindus belonging to Mudaliyar Community. According to the plaintiff, the marriage between plaintiffs daughter Kasimony and the 2nd defendant was agreed to be conducted in between 5 and 6.30 A.M. on 11-12-1980 as per customary rites between the plaintiff as guardian of Kasimony and the 1st defendant as guardian of the 2nd defendant in the presence of the close relatives and neighbours in a ceremony called "Paranhoon" or "Nischaya Thamboolam' held in the house of the plaintiff on 20-11-1980, the plaintiff made arrangement for conducting the said marriage on 11-12-1980 and while matters stood so, the 1st defendant informed him through one Murukesan that they had withdrawn from the marriage, that this caused mental agony to the plaintiff and his daughter and the plaintiff is entitled for damages from the defendant.

(3.) The defendants in their joint written statement contended that there was no agreement to conduct the marriage, that no Nischaya Thamboolam ceremony was conducted as alleged by the plaintiff on 20-11-1980 and the marriage was not decided to be conducted on 11-12-1980, and the matter was only at the stage of proposal.