JULHASH MOLLAH (MD) Vs. RAMANI KANTA MALO

JUDGEMENT

(1.) Relying upon Mir Sarwarjan vs. Fakhruddin Mahomed Chowdhury; ILR XXXIX Calcutta 232 (PC) a Single Judge of the High Court Division has held, in the impugned judgment dated 8th June, 1987 in Civil Revision No. 746 of 1984, out of which this appeal has arisen by leave, that a suit for specific performance of contract by a minor is not maintainable on the ground that the contract, namely the bainapatra, having being entered into with the minor was void for want of mutuality.

(2.) Leave has been granted to consider whether the facts of the present case are in any way different as not to attract the principle laid down by the Privy Council in the aforesaid case.

(3.) The appellants, who are brothers, No. 2 being minor at the relevant time, instituted Title Suit No. 80 of 1975 in the Fourth Court of Assistant Judge, Narayangonj for specific performance of contract for sale of the suit land alleging, inter alia, that defendant-respondent No. 1 entered into an agreement to sell the suit land to them and on receiving Taka 5,000.00 out of the total consideration of Taka 6,000.00 executed a bainapatra on 4.11.1973 and delivered possession to them. Upon refusal of the defendant to execute a deed of sale in terms of the agreement, the plaintiffs brought the suit.