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1968 Supreme(Bom) 25

D.G.PALEKAR
POPAT NAMDEO SODANVAR – Appellant
Versus
JAGU PANDU GOVEKAR – Respondent


Judgement Key Points

The judgment addresses the enforceability of contracts entered into by minors through their guardians under Hindu law, particularly in relation to immovable property transactions. It clarifies that a guardian who acts within their legal authority can enter into contracts for the benefit or necessity of the minor's estate, and such contracts are valid from their inception. Consequently, these contracts are capable of specific performance by or against the minor, as the guardian's authority supplies the minor's capacity to contract. The court emphasizes that there is no essential distinction between contracts of sale and purchase; both are closely connected to dealings in immovable property and are enforceable if made within the guardian’s scope of authority. The doctrine of mutuality, previously considered a barrier to specific performance in minors' contracts, is now rejected in cases where the guardian acts lawfully for the minor's benefit. The decision underscores that the law recognizes the guardian's competence to bind the minor in transactions for necessity or benefit, and such transactions are enforceable, provided they are within the guardian’s legal powers and for the minor's benefit. The court ultimately allows the appeal, confirming that contracts to purchase immovable property by a competent guardian acting within his authority are specifically enforceable by or against the minor.


JUDGMENT-This is an appeal on behalf of a minor whose suit for specific performance of a contract to purchase immovable property has been dismissed by both the Courts. Survey No. 40/A in village Koregaon belonged to one Namdev. On April 20, 1954, Namdev sold six acres out of this survey number to the defendant Jagu Pandu Govekar for a consideration of Rs. 1,500. The plaintiff is the minor son of Namdev and he filed the present suit against the defendant for a declaration that the sale-deed in respect of the six acres in favour of the defendant was obtained by the defendant by fraud and without adequate consideration. It was also alleged that advantage was taken of Namdev as he was vicious and given to drink. When the guardian mother came to know of the transaction, she gathered panchas in whose presence the defendant expressed regrets about the transaction and agreed to return the land. Accordingly on December 24, 1954, the defendant gave a writing to the plaintiff represented by his mother agreeing to reconvey the land on payment of Rs. 1,500. That document is Exh. 50. On these allegations, the plaintiff wanted the sale deed to be set aside, or, in the alternative, specific perfor





















































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