BABU LAL SAO Vs. MOOL CHAND JAIN

JUDGEMENT

(1.) The appellant, Babulal brought an action against the Respondents Moolchand and Rajendra Kumar for recovery of Rs. 22,270.50, but by the impugned judgment and decree he has been non-suited against which the present appeal has been filed.

(2.) Facts of the instant case in short are that in a matrimonial alliance, on 7.2.1980 betrothal ceremony was performed between Ku. Sunita d/o Babulal and Rajendra Kumar son of the respondent No.1 Moolchand. For this purpose the respondents alongwith their relations had been to the house of appellant Babulal for performing the custom of 'oil' and gave away certain gifts. It is alleged that the appellant also performed the custom of 'Hotona' by visiting the house of Respondent No. 1 and gave away the customary articles viz. jewellery, clothes, cash etc. worth Rs. 22,270.50. Thereupon, the marriage was fixed for solemnization on 3.3.80. But the Respondents demanded Rs. 40,000.00 from the appellant who could not manage the same, as such, the respondents declined to solemnize the marriage. Therefore, the appellant suffered great mental shock, social insult and pecuniary loss as described in the Schedule annexed to the plaint; hence, the suit was filed.

(3.) The respondents while denying the plaint averments submitted that, in view of the provisions of Sec. 5 of the Dowry Prohibition Act, 1961 (hereinafter referred to as the Act), the suit as framed and filed is not maintainable.