N SUKUMARAN NAIR Vs. P NARAYANAN

JUDGEMENT

(1.) PLAINTIFFS in O.S. No.613 of 1978, on the file of District Munsif" s Court, Srivaikuntam, are the appellants. The suit was one for damages of Rs.5,000 with future interest and costs.

(2.) MATERIAL averments in the plaint are as follows: 2nd plaintiff is the daughter of 1st plaintiff. First plaintiff is an Iyappa devotee and is also an Iyappa Guruswami for a group of devotees. Defendant is also an Iyappa devotee. First plaintiff used to conduct Iyappa Pooja and Bajans in his house. Defendant used to attend the Pooja and Bajans regularly in the house of plaintiffs, and in course of time, he became a family friend of plaintiffs. Defendant developed intimacy with the second plaintiff and wanted to marry her. They wanted to marry, and the defendant also wrote to the first plaintiff on 8.8.1978 requesting his consent for their marriage. Plaintiffs also agreed and a betrothal also took place, whereby the marriage was agreed to be performed on 4.9.1978. Invitation cards were printed. But all on a sudden, plaintiffs saw a publication in "Dhina Thanthi" stating that there was no such marriage, and the marriage also could not take place. In view of the breach of promise of marriage, the reputation of plaintiffs and their family was seriously impaired and they were put to great mental agony and torture. Especially the second plaintiff's reputation was lowered in the eye of the public. Her prospects of another marriage were also bleak. For the above reasons, plaintiffs filed the suit for damages of Rs.5,000, with interest and costs.

(3.) TRIAL court as well as lower appellate court came to the conclusion that there was a promise by defendant for marrying second plaintiff, and the defendant had committed breach, and therefore, the plaintiffs were entitled to damages.