Court caseAIR 1948 PC 95

Sri Kakulam Subrahmanyam v. Kurra Subba Rao Subrahmanyam v. Subba Rao (guardian's sale for the minor's benefit)

AIR 1948 PC 95; (1948) 75 IA 115 · Privy Council · 1948

PrincipleA guardian's contract for the minor's benefit, within the guardian's authority, binds the minor.

Facts

The mother of a minor, acting as his natural guardian, agreed to sell some of the minor's land to the plaintiff in order to pay off the debts left by the minor's deceased father and to meet the family's needs. The purchaser performed his part. The minor, on attaining majority, resisted specific performance, arguing that a contract made on behalf of a minor is a nullity after Mohori Bibee.

Held

The Privy Council held that it could. Sir John Beaumont distinguished Mohori Bibee: that case concerned a contract made by the minor himself. A contract made by a competent guardian on the minor's behalf, which is within the guardian's powers and for the benefit of the minor, binds the minor's estate and may be specifically enforced. Here the sale was made to discharge the father's debts and was plainly for the minor's benefit.

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