ZEEBUNNISSA BEGUM Vs. MRSHBDANAGHER

JUDGEMENT

(1.) The appellant is a Mahomedan lady. She was the plaintiff in the suit, and being then a minor was represented by her father and guardian as next friend. The suit was against first defendant for rent due by her as lessee upon her covenant, and against second defendant as guarantor of the due performance of her convenants by the first defendant.

(2.) The lease is dated 2nd November, 1932. It purports to be given by the plaintiff acting by her father and guardian. The lease demises premises known as Megan House t.o the first defendant for a term of 5 years at a rent of Rs. 1055 per mensem; and it contained a number of covenants by lessor and lessee. The lessee covenanted inter alie, to pay the rent. The lessor's covenants included stipulations (a) not to construct any building on the vacant land comprised in the demise, (b) to pay all taxes in respect of the premises and to keep the lessee indemnified against any claims thereon; (c) to repair the premises both inside and outside and to keep them in good and habitable state and condition (d) for quiet enjoyment and (e) to grant a renewal of the lease at the request of the lessee made three months before the expiration of the term for a further term of not less than 5 or more than 10 years at a rent to be settled then.

(3.) Both defendants raise the defence that the lease is void. This plea is put as follows in para 2 of first defendant's written statement: The defendant submits that the suit lease is void, and that it is unenforceable for the reason that the plaintiff has been at all material times, and now is, a minor; and the lease deed contains onerous covenants on the part of the lessor as essential part of the consideration for the performance by the lessee of her covenants under the lease.