| Citation(s) |
|---|
| 1969 SLG 4000 1969 SLD 4000 = 1969 PLD 306 |
Letters Patent Appeal No. 179 of 1963, decided on 17th June 1969.
Before Sher Bahadur Khan and Shah Zaman Babar, JJ
Peer Bakhsh Khan for Appellant. Mirza Barkat A1 i for
Respondent. Date of hearing : 15th May 1969.
SHAH PASAND KHAN (REPRESENTED BY HEIRS) Defendant-Appellants
VERSUS
IHSAN AND OTHERS-Plaintiff Respondents
Law: Contract Act (IX of 1872)
Section: 65
Law: Specific Relief Act (I of 1877)
Section: 41
Contract Act (IX of 1872), S. 65 and Specific Relief Act (I of 1877), S. 41 read with Transfer of Property Act (IV of 1882), Ss. 83 & 84 - Mortgage - Minor - Misrepresentation - Minor entering into mortgage fraudulently representing as to his age and subsequently bringing action for restitution of mortgaged property-Restitution of property to be ordered-Minor must, however, be made to refund consideration-Maxim : He who seeks equity must do equity.
The well-known principle that "he who seeks equity must do equity" will come into play with full force in the case where the minor after fraudulently representing as to his age enters into a bargain and then brings the action as a plaintiff for the restitution of immovable property and he must be made to refund the consideration. In conclusion, the law would be put thus-(1) If there is a fraudulent representation as to age by the minor. (2) If he brings the action as a plaintiff, the restitution of the immovable property is to be ordered, but the minor is made to refund the consideration.