1937   Present: Poyser and Soertsz J.J.

SHORTER & CO. v. MOHAMED.

166-D. C. Colombo, 2,197.

Muslim minor-Mortgage bond executed with consent of father-Validity of bond-Fraudulent misrepresentation regarding age-Contract valid under Roman-Dutch law.

Under the Muslim law a mortgage bond executed by a minor with the consent of his father is valid. Under the Roman-Dutch law a minor who falsely represented himself to be of full age is bound by his contract.

APPEAL from a judgment of the District Judge of Colombo.

Rajapakse (with him Wickremanayake), for first added defendant, appellant.

H. V. Perera (with him J. R. Jayawardene), for plaintiff, respondent.

D. S. L. P. Abeysekere (with him Olegasagaram), for second defendant, respondent

Cur. adv. vult.

April 23, 1937. POYSER J.-

The plaintiffs, a firm carrying on business in England, sued the defendant, a Muslim, on the mortgage bond A and have been given judgment for the sum of Rs. 9,918.73. This mortgage bond was executed to secure the payment of goods supplied by the plaintiffs to the defendant, and it was admitted in the lower Court that goods of the nett value of Rs. 9,918.73 had