Question 153

Principle: Every person, who is of the age of majority, is competent to contract according to the law to which he is subject.

Facts: A minor mortgaged his house in favour of Thakur Das, a money lender, to secure a loan of Rs. 20,000. A part of this, i.e., Rs. 10,500 was actually advanced to him. While considering the proposed advance, the attorney who was acting for the money lender, received information that the plaintiff was still a minor. Subsequently the minor commenced, an action stating that he was underage when he executed the mortgage and the same should, therefore, be cancelled. 1 le prayed for setting aside the mortgage. The mortgagee money lender prayed for the refund of Rs. 10,300 from the minor.


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