KISHAN BILASH Vs. RADHA MOHAN

JUDGEMENT

(1.) THIS is a defendant's appeal in a suit which was dismissed by the trial Court, but decreed by the first appellate lower court. The dispute relates to a breach of contract about the marriage after engagement was performed by the defendants. The defendants performed engagement of Kailash Chandra, defendant No. 5, with Chandra Kala, daughter of Radha Mohan, the plaintiff. THIS betrothal ceremony was performed on 1st March, 1964 according to their customary rights. The plaintiff has spent an amount of Rs. 1,200/- for clothes, sweets, etc. , on this betrothal ceremony in addition to Rs. 151/-, which was given in cash and, Rs. 300/- which was spent in 'band' and in other ceremonies.

(2.) THE defendants who were 'dowry hungry', increased the demand of dowry and started to demand more and more dowry. THE plaintiffs having failed to satisfy the defendants about their demand of more dowry, the defendants refused to perform the marriage and committed breach of the betrothal engagement agreement.

(3.) MR. Maloo, the learned counsel for the appellant, has argued that firstly, bride-groom was major at that time and, therefore, no agreement could be entered into without his consent. Secondly, it was argued that the amount of compensation allowed has not been proved and the agreement before the Panchayat is not admissible being violation of the provisions of the Arbitration Act.