MOHD YUSUF Vs. ABDUL WAHID

JUDGEMENT

(1.) This is a petition in revision filed by the plaintiffs against an order dated 9th February 1946 passed by Mr. Mohammad Jalil, Civil Judge of Saharanpur. It arises out of a suit for the recovery of rent of a shop. The suit was based on a rent note of 1926 purporting to have been executed by Ali Ahmad, father of the defendant and also by Abdul Wahid the defendant.

(2.) The defence was that the defendant was a minor in 1926 and the rent note is, therefore, void. It was also alleged that the defendant was an occupant of the shop in his own right and not as a tenant from the plaintiff.

(3.) The suit was decreed by the learned Munsif who held that the defendant's plea of minority was barred by res judicata and that on the date of the execution of the rent note he was not a minor. According to him the defendant was born in 1907. The defendant went up in appeal and certain additional documents were produced before the learned Civil Judge which related to a guardianship proceeding. He remanded the case to the trial Court. On the receipt of the finding from the trial Court the learned Civil Judge held that the defendant was born in the year 1910. As such he was a minor in 1926 when the rent deed was executed and the deed, therefore, does not bind him. In the result he has dismissed the suit. The plaintiff, there fore, comes in revision.