Das, J.

1. This is an appeal under the Letters Patent by the pltf. from a decision of Shearer, J. reversing the decision of the Cts. below in a suit for recovery of money which the applt. had paid to resps. 1 & 2 in the following circumstances. The applt. had entered into an agreement with resps. 1 & 2 by which the latter had agreed that the formers daughter, who was then a minor, would be married to reap. 3, who was then the minor son of resp. l. Resp. 2 was the adult son of resp. 1 & brother of resp. 3. The agreement was that the applt. would pay a sum of Rs. 1001 & would also give silver & brass utensils to the value of Rs. 152. The tilak ceremony was performed at Aurangabad, where the resps. resided, & the money was paid partly before & partly at that time. Soon after the performance of the ceremony, resp. 3 had some sort of a fit, which led the applt. to make an enquiry with the result that it was found that the bridegroom was an epileptic subject. The applt. then broke off the marriage & demanded back the sum of Rs. 1152 which he had paid to resps. 1 & 2. The Cts. below held that the applt. was entitled to a decree for a sum of Rs. 909-6-9, excluding the amount which