MIR SARWARJAN Vs. FAKHARUDDIN MAHOMED CHOWDHURY

JUDGEMENT

(1.) This ease has been returned to us by the Full Bench, to which we referred it, to decide on the evidence "whether this is a case in which specific performance ought to be granted."

(2.) The Full Bench has laid down for our guidance the principle that "if a contract is validly entered into on behalf of a minor and there is mutuality in such contract, it may be specifically enforced, but "each particular case must depend upon its own particular circumstances."

(3.) Now applying this principle to the contract, which it is now sought to enforce, I would say that in my opinion it should be enforced. We have already considered the evidence and have come to the conclusions (1) that it is a contract validly entered into, and (2) that there is mutuality with regard to it for the agreement made by Mr. Garth with Mir Sarwarjan would seem to be as enforceable against the minors as it is against Mir Sarwarjan.