Alfred Henry Lionel Leach, C.J.

1. This appeal raises the question of the liability of a minor to return a sum of money paid to his guardian as earnest money in respect of a contract of sale of immovable property entered into by the guardian on his behalf. On the 20th August, 1931, Andalammal, the mother and guardian of the appellant, agreed to sell to the respondent the minors shares in a village. The price agreed upon was Rs. 7,125 of which Rs. 500 was paid in advance. It is common ground that certain creditors of the estate were pressing for the payment of their debts and the intention was to sell the minors interests in the village to discharge these liabilities. The sale was not completed, and the property was sold by the mother to a third party, the second defendant in the suit out of which this appeal arises. The suit was for a decree for specific performance of the contract, but before the case came on for hearing it was realised that the Court could not grant this relief. An infant cannot contract in this country and a covenant by his guardian for the sale of immovable property cannot be enforced against him: Mir Sarwarjan v. Fakhruddin Mahomed Chowdhuri and Batchu