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Kumara thevan Vs. Karuthayee thevan and anr. - Court Judgment

LegalCrystal Citation
SubjectContract
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1129a
AppellantKumara thevan
RespondentKaruthayee thevan and anr.
Excerpt:
contract - agreement by guardian to exchange land belonging to minors--validity of contract--damages, right to. - .....to the plaintiff and to exchange certain lands belonging to another minor for some of the plaintiff's lands.2. if the sale and the exchange were not carried out, the defendants were to pay to the complainant rs. 50 in all for damages.3. this agreement is not binding on the minors. but we do not see how that will render the provision as to payment of damages invalid.4. the subordinate judge holds that the composition of a crime committed by the so-called guardians--the defendants--confers no benefit on the minor. this may be so, but it does not appear how that affects the validity of the contract between the parties for the payment of the sum of money.5. we must, therefore, set aside the decrees and direct the subordinate judge to restore the suit to his file and decide it according to.....
Judgment:

1. The parties entered into a contract by which the defendants undertook to get the guardians of the two minors to execute a deed of sale to the plaintiff and to exchange certain lands belonging to another minor for some of the plaintiff's lands.

2. If the sale and the exchange were not carried out, the defendants were to pay to the complainant Rs. 50 in all for damages.

3. This agreement is not binding on the minors. But we do not see how that will render the provision as to payment of damages invalid.

4. The Subordinate Judge holds that the composition of a crime committed by the so-called guardians--the defendants--confers no benefit on the minor. This may be so, but it does not appear how that affects the validity of the contract between the parties for the payment of the sum of money.

5. We must, therefore, set aside the decrees and direct the Subordinate Judge to restore the suit to his file and decide it according to law. Costs will abide the result.


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