PANIGRAHI C. J.

( 1 ) THIS appeal arises out of a simple suit for recovery of a sum of money but raises an interesting question of law.

( 2 ) THE plaintiff was on the look out for a bride for his brother, Manu Tihadi, and defendant 2 who is distantly related to him, brought forward a proposal for getting the daughter of defendant 1 married to the plaintiff's brother. On 6-3-44 both the defendants approached the plaintiff who accepted the proposal and it was settled that the plaintiff should pay Rs. 650/-to defendant 1 for the marriage expenses in consideration of defendant 1's giving his daughter in marriage to plaintiff's brother. The Maha-prasad Nirbandha or betrothal took place at the village temple on 11-5-44 and the plaintiff paid the stipulated sum of Rs. 650/- to defendant 1, it was agreed that on the next day defendant 1 would send his daughter to the plaintiff's house for the marriage ceremony. The plaintiff also sent a 'palki' the next day for bringing the bride. Defendant 1, however, refused to send his daughter and demanded Rs. 800/-as there were better offers. The contract was terminated and the defendant promised to return the sum of Rs. 650/- taken from the plainti