A SURYANARAYAN MURTHY Vs. P KRISHNA MURTY

JUDGEMENT

(1.) THIS is a Second Appeal against the confirming Judgment of Shri K. K. Bose, Additional Subordinate Judge of Berhampur, dated, the 18th December, 1950, arising out of a suit for enforcement of a marriage contract. Plaintiff No. 1 is the husband and plaintiff No. 2 is his wife.

(2.) AS is usual, such marriage contracts are very seldom reduced to writing. The plaintiffs had to rely upon the oral testimony of witnesses examined on their behalf. Both the Courts after thoroughly discussing the evidence adduced by both parties have given us the benefit of a finding of fact that there was such a contract between the parties.

(3.) ANOTHER interesting point was also argued at the Bar at some length and quite a number of decisions were placed before us, the point being that such a contract for dowry is not enforceable as being hit by the provisions of Section 23' of the Contract Act and as being against public policy and repugnant to all morals.