RAMEKBAL SINGH Vs. HARIHAR SINGH

JUDGEMENT

(1.) The only question to be decided in this second appeal is whether the plaintiffs-respondents are entitled to recover any sum of money from the defendants-appellants out of the amount that they paid as dowry in consideration of a contract for marriage.

(2.) The marriage of a daughter of one of the plaintiffs-respondents was settled with defendant No. 3, son of defendant No. 2. According to the contract, sagun phaldan took place on the 5th day of Chait 1360 Fasli and tilak ceremony was performed on the 15th day of Jeth 1360 Fasli when cash and utensils worth Rs. 251 had been delivered by the plaintiffs to the defendants as tilak. The marriage was to take place on the 1st day oil Asarh 1360 Fasli, but the bridegroom's party did not go to the house of the plaintiffs for performing the marriage. Thereafter, the plaintiffs-respondents filed a case under Section 420 of the Indian Penal Code on the allegation that the other party had cheated them of Rs. 251 which they had paid as tilak and Rs. 2000 which they had paid as value of the ornaments for the bride which the bridegroom's party was to bring. This case ended in an acquittal and then the plaintiffs instituted a suit out of which this appeal arises,

(3.) The defendants stated that the sum of Rs. 251 as tilak was really paid, but the payment of Rs. 2000 on account of ornaments was denied. It was also alleged by the defendants that no marriage party was taken to the house of the plaintiffs because a day before the day fixed for the marriage, the plaintiffs informed the defendants that the girl would not be married on account of the fact that the bridegroom was suffering from epilepsy. The defendants made a counter claim of Rs. 531/8/- on the ground that they had incurred expenditure to that extent on account of preparations made for taking the barat party for the marriage. The last plea taken by the defendants was that the plaintiffs, were not entitled to get any decree, because it was on account of their laches that the marriage had not taken place.