AIR 1937 SINDH 211

Sindh High Court

Hon'ble Judge(s): Davis, Dadiba C. Mehta , JJ

(A) Contract Act (9 of 1872) , S.65— Scope - Contracts void from inception come within scope of S. 65-Marriage brokerage contract -Marriage not completed-Money paid can be recovered by suit for money had and received. Contracts that ate void from their inception, because of an unlawful object or purpose, come within the scope of S. 65, Contract Act. Where therefore a person pays certain amount to another in consideration of his arranging marriage for him but the marriage is not completed, a suit to recover the money paid is supportable as a suit for money had and received:(Para 212C1,2) (B) Contract-Contract void ab initio is no contract at all but is agreement not enforce able at law. To say that the contract is void from its inception is a contradiction in terms. A contract void in its inception is no contract at all; it has not passed from the stage of an agreement to the stage of a contract but comes within the broad and general principle that a contract void from its inception is no contract at all but an agreement not enforceable at law and therefore void.(Para 212C1,2) .....