1933 Present: Drieberg J. and Maartensz A.J.

MAJEEDA v. PARAMANAYAGAM.

APPLICATION FOR restitutio in integrum.

D. C. Colombo, 50,571.

    Restitutio in integrum-Muslim married woman-Minor-Mortgage bond executed with husband-Relief -from contract-Proof of damage.

Where a Muslim woman married and under the age of twenty-one entered into a contract with the assistance of her husband,-

Held, that relief from the contract must be sought by way of restitution.

To obtain such relief there must be proof of damage, loss, or prejudice.

THIS was an application for restitutio in integrum.

N. E. Weerasooria (with him Nadarajah), for petitioner.

Chelvanayagam, for the respondent.

Cur. adv. vult.

November 15,1933. DRIEBERG J.-

The petitioner, the first defendant, is the wife of the second defendant. Judgment was entered against them on a mortgage bond executed by them by which the petitioner hypothecated land belonging to her. The judgment was obtained on a warrant of attorney to confess judgment given by the petitioner and her husband. The petitioner was born on August 28, 1913, and still is under twenty-one years of age. The application fo