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Padma Krishna Chettiar Alias Kristna Iyer Vs. Nagamani Ammal - Court Judgment

LegalCrystal Citation
SubjectBanking
CourtChennai
Decided On
Judge
Reported in30Ind.Cas.574
AppellantPadma Krishna Chettiar Alias Kristna Iyer
RespondentNagamani Ammal
Cases ReferredSanka Krishnamurthi v. Bank of Burmi Ltd.
Excerpt:
.....provision regarding documents executed on behalf of a minor, we must be guided by the principles of hindu law in deciding such case'.the true test regarding the binding nature of a guardian's contract was laid down in the well-known case of hunoomanpersaud panday v......law. the learned judges were not prepared to accept the finding of the subordinate judge that the debt was contracted by the mother in her capacity as guardian.3. as we are not hampered by any legislative provision regarding documents executed on behalf of a minor, we must be guided by the principles of hindu law in deciding such case'. the true test regarding the binding nature of a guardian's contract was laid down in the well-known case of hunoomanpersaud panday v. musammat babooee munraj koonweree 78 w.r. 81n : sevestre 1 sar. p.c.j. 29. even where the relationship of principal and agent was found to exist in transactions entered into by managers of hindu families, it was decided by a full bench of this court that section 28 of the negotiable instruments act did not affect the.....
Judgment:

1. The finding in this case is that the mother of the defendant as his guardian borrowed from the plaintiff the amount sued on, and that it was spent for purposes binding on him. The question of law argued very strenuously by Mr. Bhashyam Iyengar is that as the promissory note executed by the mother was not signed by her as guardian, she alone is liable on the note and that the decree against the defendant is wrong. He relies on the language of Section 28 of the Negotiable Instruments Act and contends that the principle which renders the agent personally liable on a contract entered into on behalf of the principal applies to the case of guardians also. The short answer to this contention is that, as the Act contains no provision relating to notes signed by guardians whereas it specifically legislates for the case of agents in Section 28 and of legal representatives in Section 30, Courts should not by analogy extend these provisions to a deliberately unprovided case. The learned Vakil drew our attention to Section 26 of the Bills of Exchange Act as enunciating the principle applicable by law merchant to all cases of representation. Apart from the question whether Section 26 was intended to apply to documents executed by guardians, it is evident from the omission of the general section and the inclusion of specific provisions like those to which we have already referred, that the Indian legislature has not thought fit to lay down any general rules applicable to all cases of representation. The case of one person signing for another who is sui juris is not in pari passu with that of a person executing a document on behalf of another who is incapable of contracting.

2. The decisions in Koneti Naicker v. Jatu Gopala Aiyar 21 Ind. Cas. 417 : 14 M.L.T. 414 : 25 M.L.J. 425; Govindan Nair v. Nanu Menon 27 M.L.J. 595. and Yinugantti China Venkatarayanim v. Katagiri Venkata Narasimharayanim 21 Ind. Cas. 650. construe the provisions relating to agents. They can afford no assistance to us in deciding the present case. Ramaswami Mudaliar v. Muthuswami Ayyar 30 Ind. Cas. 481 is not a pronouncement on a question of law. The learned Judges were not prepared to accept the finding of the Subordinate Judge that the debt was contracted by the mother in her capacity as guardian.

3. As we are not hampered by any legislative provision regarding documents executed on behalf of a minor, we must be guided by the principles of Hindu Law in deciding such case'. The true test regarding the binding nature of a guardian's contract was laid down in the well-known case of Hunoomanpersaud Panday v. Musammat Babooee Munraj Koonweree 78 W.R. 81n : Sevestre 1 Sar. P.C.J. 29. Even where the relationship of principal and agent was found to exist in transactions entered into by managers of Hindu families, it was decided by a Full Bench of this Court that Section 28 of the Negotiable Instruments Act did not affect the liability of the junior members. The true principle is that where the validity of a transaction has to be looked at from two standpoints, each of them should be regarded as supplementing the other. The doctrine of Hindu Law is not to be ignored because a contract coming under its purview is also regulated by another provision of law. The decision of Subba Narayana Vathiyar v. Ramaswami Iyer 1 M.L.T. 377 does not differ from the ruling in Krishna Ayyar v. Krishnasami Ayyar 23 M.k 597. On the other hand the decision of Subramania Iyer v. Arumuga Chetty 26 M.k 330 is directly in point; Mr. Bhashyam Iyengar sought to distinguish this case on the ground that the claim in it was for the debt evidenced by the note and not on the note itself. We do not think this distinction has any substance. Moreover paragraph 4 of the plaint in this case refers to the binding character of the debt Vide Sobltanadri Appa Rem v. Sriramulu 17 M.k 221. We must, therefore, hold that the estate of the minor is liable for the debt.

4. We think the decree of the Court below must be modified as there can be no personal decree against the defendant. Sanka Krishnamurthi v. Bank of Burmi Ltd. 11 Ind. Cas. 79 .

5. Subject to this modification the civil revision petition will be dismissed with costs.


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