Govind Ram vs Piran Ditta - 1935 Supreme(Lah) 320

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1935 Supreme(Lah) 320

AGHA HAIDAR
Govind Ram – Appellant
Versus
Piran Ditta – Respondent

JUDGMENT

Agha Haidar, J. - This appeal arises out of a suit on a bahi entry executed by Piran Ditta, defendant 1, in favour of the plaintiff. While Piran Ditta was still a minor, he is alleged to have borrowed Rs. 1,652-1-0 from the plaintiff and executed an entry in the plaintiff's bahi khata for the amount with interest at, the rate of 12 annas per cent per mensem. A sum of Rs. 153-2-0 was paid and eventually on 25th July 1928, defendant 1, executed the entry in suit on the attainment of majority. The plaintiff brought the present suit on the basis of this entry for Rupees 1,930. The main plea raised by defendant 1 with which alone we are concerned, was that the entry was admittedly made without consideration inasmuch as he was a minor at the time of the original transaction on which the entry in suit is based. Both the Courts below have given effect to this plea and: dismissed the plaintiff's suit. The plaintiff has come up to this Court in second appeal. The matter coming up before a Division Bench, the learned Judges, in view of the conflict of authority on the question of law raised in the appeal, have referred the case to a Full Bench.

2. In view of the leading Privy Council c

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