( 1 ) THE short point that arises for consideration in this appeal is whether the agreement upon which the suit is based is immoral and opposed to public policy and as such unenforceable under section 23, Contract Act. The Courts below concurred in holding that the agreement created a valid and enforceable contract and decreed the suit. The defendant has come up in second appeal.

( 2 ) BRIEFLY stated, the facts that led up to the suit claim are these: Jayamma the plaintiff is a married woman, having had a child by her husband. She was living with her father having been deserted by her husband, whose whereabouts remain unknown. The defendant who is also a married man, living with Ms family in the vicinity, is alleged to have had criminal intimacy with her for some time while she lived with her father and later he. took her into his own house, where the two lived together apparently as man and wife. The result of their living together was that she conceived and the defendant made arrangements to send her to the hospital for confinement and ultimately she delivered a female child. During her residence with the defendant, an agreement was executed in her favour by the defendant on 10-

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