1945 Present: Soertsz A.C.J. and Keuneman S.P.J.

SIMAN NAIDE, Appellant, and ASLIN NONA, Respondent.

330-D. C. Kegalla, 2,844.

Minor-Sale of land by minor-Sanction of Court not obtained-Right of the minor to have sale cancelled by way of regular action-Onus of proof- Vendee's right to be indemnified.

A sale of immovable property by a minor without the sanction of a competent court is voidable, not void, and the minor may relieve himself from the consequences of the contract by way of regular action.

Where it has not been shown that the minor has derived substantial benefit he must be taken to have suffered the kind of loss or damage sufficient to enable him to obtain relief; the minor must, however, indemnify the defendant and put him back where he stood before he-entered into the contract.

A Kandyan woman, who is under twenty-one years of age, does not obtain majority by marriage.

THE plaintiff, a married Kandyan woman, purported to transfer by deed to the defendant the land in dispute in this case. At the date of the transfer she was under twenty-one years of age. Her father and her husband were present at the sale, but the sa