CHANDI Vs. RAMPRATAP
LAWS(RAJ)-1952-1-16
HIGH COURT OF RAJASTHAN
Decided on January 25,1952

MT. CHANDI Appellant
VERSUS
RAMPRATAP Respondents


Referred Judgements :-

LADHARAM V. RALLARAM [REFERRED TO]
MT. SARDA KUNWAR V. GAJANAND [REFERRED TO]
SARIPAKA CHINA MAHADEVA VAZULU VS. MUTHURA SURYAPRAKASAM [REFERRED TO]
HANSO PATAK VS. HARMANDIL PATAK [REFERRED TO]


JUDGEMENT

Bapna, J. - (1.)This is a revision against a decision of the Judge, Small Cause Court, Jaipur.
(2.)The petitioner sued the opposite party for recovery of Rs. 180 on the allegations that the plaintiff had Birat Jajmani of Dhobis at Jaipur for the purpose of performing marriages amongst Dhobis and certain other ceremonies, but that as the plaintiff was a woman and an aged lady she made arrangements with the defendant, opposite party, whereby the defendant was to perform the ceremonies relating to the Birat and to pay half of the income to the plaintiff. It was alleged that the defendant continued to make payments as agreed, but failed to do so in respect of 20 marriages performed among Dhobis within a period from, Baisakh Sambat 2005 to Jeth Sambat 2005. It was mentioned that on each of these occasions, the defendant received Rs. 18/- and thus got Rs. 360 in all, of which the plaintiff was entitled to Rs. 180/-. The plaintiff relied upon an agreement dated Posh Sudi 10 Smt. 2003 executed by the defendant incorporating the arrangement.
(3.)The defendant admitted the genuineness, of the agreement and further that he had performed 18 marriages among the dhobis and had received Rs. 10 on each such occasion. He however, pleaded that the agreement was inoperative as ever since the death of the plaintiff's husband, the defendant had been performing marriages among the dhobis on his own, account for the last 25 years. A plea was raised that the agreement was unenforceable at law.


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