Kandiah Et Al. V. Tambipillai

1943 Present: Howard C.J. and Keuneman J.

KANDIAH et al, Appellants, and TAMBIPILLAI. Respondent.

288-D. C. Batticaloa, 126.

Agreement to marry-Covenant to give dowry-Covenant to pay liquidated damages-Divisibility of covenants-Doctrine of severance.

Plaintiffs, who are husband and wife, sued the defendant, who is uncle of the second plaintiff upon an agreement, which contained the following clauses :-

(1) The first plaintiff should marry the second plaintiff within six months of the execution of the agreement;

(2) That the defendant in consideration of the said marriage should give in dowry to the plaintiff's the premises specified therein and Rs. 300 on the date of their marriage, and Rs. 200 on the execution of the said agreement;

(3) In the event of the defendant failing to give the second plaintiff in marriage to the first plaintiff, the defendant should pay to the first plaintiff the sum of Rs. 500 as and by way of liquidated damages ;

(4) In the event of the first plaintiff failing, refusing or neglecting to marry the second plaintiff, the first plaintiff should pay to the defendant the sum of Rs. 500 as and by way of

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