Abdur Rahim, O.C.J.

1. The question referred to us is whether a mortgage executed in favour of a minor who has advanced the whole of the mortgage money is enforceable by him or by any other person on his behalf. In considering this question the starting point is the decision of their Lordships of the Privy Council in Mohori Bibee v. Dharmodas Ghose (1909) I.L.R. 38 M. 312 : 19 M.L.J. 752, which decided, so far as is material for the present case, that a mortgage by a minor was void. A mortgage is a transfer of property and their Lordships pointed out that under Section 7 of the Transfer of Property Act persons competent to contract are competent to transfer property and went on to show that under the Contract Act a minor is not competent to contract. They, therefore, as I understand, held that the transfer by the minor was bad and went on to hold with reference to certain other contentions which were raised that, as an infant was not competent to contract the question whether the contract was void or voidable could not arise in the case of an infant. The earlier decision of the House of Lords in Thurston v. Nottingham Permanent Benefit Building Society (1903) L.R. 30 I.A. 11