Rajah P. Ramakrishna Rayaningaru vs Rangachariar and Another, and Audi Lakshmi Ammal

The plaint does not allege any custom to grant remissions in case of ''savi''. There is no finding of the existence of any such custom and the evidence as to custom is insufficient. The plaintiff in paragraph 3 of the plaint alleged an agreement to grant remissions but there is no evidence of any such agreement. In the absence of the proof of custom or contract the obligation to grant remissions is purely moral, and not legal, and cannot be enforced by suit. [Thandavaraya Moodaliar v. Ramaswamy Mudaliar Sudder Adalut Reports of 1859, p. 105 and Alagappa Chettiar v. Tirunagawali 13 M.L.J. 377 We reverse the decrees of the lower Courts and dismiss the suits with costs throughout.