1927 Supreme(Mad) 607

IN THE HIGH COURT OF MADRAS
Arumilli Veeraragavalu
Versus
Arumilli Sreeramulu And Ors.
Decided On : 17 November, 1927

A minor does not have to set aside a transaction by a guardian when suing to recover the property. The minor can ignore the transaction and merely pray for possession.

Headnote:

Minor - Property - A minor does not have to set aside a transaction by a guardian when suing to recover the property. The minor can ignore the transaction and merely pray for possession. Therefore, Clause (4-A), Section 7, Court-fees Act, does not apply.

Fact of the Case:

The court held that a minor does not have to set aside a transaction by a guardian when suing to recover the property. The minor can ignore the transaction and merely pray for possession. The plaintiff is willing to expunge the words in prayer (1) from the words 'setting aside' and the Court-fees paid by him is enough.

Finding of the Court:

The court found that the plaintiff, a minor, does not seek cancellation of the instrument and can ignore the transaction and merely pray for possession. The court allowed the petition and made no order as to costs.

Issues: The issue was whether a minor has to set aside a transaction by a guardian when suing to recover the property and whether Clause (4-A), Section 7, Court-fees Act, applies.

Ratio Decidendi: A minor does not have to set aside a transaction by a guardian when suing to recover the property. The minor can ignore the transaction and merely pray for possession. Therefore, Clause (4-A), Section 7, Court-fees Act, does not apply.

Final Decision: The petition was allowed and no order as to costs was made.