BABASAHEB RAHIMSAHEB Vs. RAJARAM RAGHUNATH ALPE

JUDGEMENT

(1.) This application raises an interesting point under Bombay Act III of 1865.

(2.) The parties are wrestlers and entered into an agreement as follows: firstly, they were to wrestle in Poona on a certain day; secondly, the party failing to appear on that day was to forfeit Rs. 500 to the opposite party; thirdly, the winner was to receive Es. 1,125 of the gate-money. The defendant failed to appear in the ring and the plaintiff sued for Rs, 500. The plea of wagering raised by the defendant in the trial Court failed and he applies in revision.

(3.) It is argued for the petitioner that by reason of the agreement for payment to the winner, who was uncertain, the entire agreement fell under Section 1 of the Bombay Act III of 1865 and was by way of gaming or wagering, and the fact that wrestling is a test of skill and strength is immaterial, and that the same result follows under Section 30 of the Indian Contract Act.