[SOLVED] A an infant obtains a loan from B. can B asked to repay the money to A ? Case study

CASE STUDY : 11

A an infant obtains a loan from B.
can B asked to repay the money to A ?


Ans :
The given case is under the chapter of minor’s agreement. In India according to
Minor’s agreement, agreement with the minor is void from the begging because a
minor has no capacity to contract. The court says minor is not supposed to have
mature judgement.

In this set case A an infant obtain from B. can B asked to repay the money to A.
Case : Mohori Bibi V/S Dharmodas Ghose
A minor executed an agreement for Rs.20,000 and received Rs.8,000 as earnest
money from the mortgagee, he sued for setting aside the mortgage. The mortgagee
wanted to refund of Rs.8,000 which he already paid.

Judgement :
As mentioned above here A is a minor who is according to the section.3 of the Indian
Majority Act, 1875 is the person who has not completed the age of 18years. Indian
Majority Act as says that agreement with minor is a void agreement and it also says
no restitution or compensation to minor that means if minor has received any benefit
under void agreement he cannot be asked to compensate or pay for it or returning
back the property as per section.64 and 65.
Therefore, because A is the minor the agreement is void
Hence B cannot ask for repay

Looking to get Essay writing help for this assignment? Get custom essay for 15% OFF using coupon code “NEW15” or Buy Used Solution for same paper for less!