BAI RAMKORE Vs. JAMNADAS MULCHAND

JUDGEMENT

(1.) The suit, which has led to this appeal, was brought by the respondent, to recover from the three appellants damages incurred by him on account of the giving away in marriage of his niece, Mangli, a minor, by appellants Nos. 1 and 2 to appellant No. 3, in contravention of the betrothal of the girl to one Hiralal, settled by the respondent, as her lawful guardian.

(2.) The respondent is the paternal uncle of the girl. By a will of her father he and a brother of his were authorised to get the girl married. Accordingly, the respondent (the other brother having died) betrothed the girl to one Hiralal. But appellants 1 and 2, who are respectively mother and maternal uncle of the girl, gave her in marriage to appellant 3.

(3.) The respondent complains that in consequence of that marriage he was unable to perform the contract of betrothal into which he had entered with Hiralal; that Hiralal demanded Rs. 2,000 as damages for the breach; and that the dispute was finally settled by an award of arbitrators under which he had to pay Rs. 1,000 to Hiralal as damages.