Vivian Bose, J—The claim in this suit is an unusual one. A marriage was arranged between the plaintiff's son, Mohammad Yakub Khan and Mt. Aabi, defendant 2. The plaintiff conducted the negotiations on behalf of his son and according to him, defendant 1, Abdul Gani Khan, acted on behalf of the prospective bride who is his niece. The negotiations came to a happy end and concluded with the usual pan rusum ceremony which cost Rs. 217. Soon after, the plaintiff discovered that the girl suffered from epileptic fits and so he broke off the engagement. He now sues for Rs. 217 which he spent over the pan rusum ceremony and states that he would never have consented to the engagement if he had known the girl's medical history. He says defendant 1 who knew the fact was under a duty to disclose it, and since he refrained from doing so, he is liable for the plaintiff's claim.

2. The lower Courts hold that the girl was not suffering from epilepsy at the time of the engagement, but the learned Judge of the lower appellate Court also holds that the girl did suffer from the disease as a child. It is a well-known medical fact which can be ascertained from any standard medical treatise that the