Fernando Et Al. V. Fernando Et Al.,

 1916. Present: Ennis J. and Schneider A.J.

FERNANDO et al. v. FERNANDO.

907-D. C. Negombo, 11,126.

Lease by a minor-Is lease void or voidable-Action for declaration that least was null and void and mesne profits-Claim by defendant for refund of rent-Prescription.

Land was leased by a minor to raise money for her marriage. The lessee knew the girl was a minor, but acted in good faith for her benefit. The minor brought an action for a declaration that the lease was null and void, and for mesne profits for a period of three years immediately preceding the action. The defendant prayed, inter alia, for the return of the lease money, with interest, if the lease be declared null and void.

Held, that as the lease was invalid in the circumstances, the plaintiff was entitled to mesne profits, and the defendant to the return of the lease money.

" Inasmuch as the lease was voidable at the option of the minor the defendant's cause of action arose only when the plaintiff began to disturb him in his possession, and the claim for restitution of lease money is not prescribed."

ENNIS J.-There is no doubt that the Roman-Dutch jurists expr

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