Rajamannar, J.

1. The only question that falls for decision in this second appeal is whether the agreement on which the suit has been brought by the respondent is opposed to public policy and therefore unenforceable. The facts in so far as they are relevant for disposal of this issue are these: The plaintiff and the defendant are owners of motor buses. Both the plaintiff and the defendant made tenders to the postal authorities to secure the licence for carrying mails between Ellore and Chintalapudi. The defendant who desired to secure the licence himself entered into the agreement now in suit, Ex. p-1. Under the agreement the defendant was to secure the licence and the plaintiff, was to withdraw his tender. In consideration of the withdrawal by the plaintiff the defendant had to pay to the plaintiff, Rs. 15 per month for a certain period and Rs. 20 per month in a certain contingency. It is not necessary to go into more detail as to the other terms, as they are not material for the second appeal. The defendant after the withdrawal by the plaintiff of his tender obtained a licence from the postal authorities but failed to pay the amount according to the agreement. The plaintif