Court caseAIR 1928 Lah 609

Khan Gul v. Lakha Singh Khan Gul

AIR 1928 Lah 609; ILR (1928) 9 Lah 701 · Lahore High Court · 1928

PrincipleA minor who lies about his age must restore the benefit received, even though the contract is void.

Facts

A minor, fraudulently representing himself to be of full age, agreed to sell land and received Rs 17,500 as consideration but refused to deliver possession. The buyer sued for possession or, in the alternative, refund of the money.

Held

The Full Bench followed Mohori Bibee in holding the agreement void and no estoppel arising, but held that a minor who obtains money by falsely representing his age can be compelled in equity to restore it, whether the minor is plaintiff or defendant. The doctrine of restitution is not confined to cases where the property is traceable.

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