MT FULI BIBI Vs. KHOKAI MONDAL

JUDGEMENT

(1.) On 21 January 1920 the appellants Fuli and Amini, who were minors, executed a kobala by which they transferred to the respondents their shares of a ryoti interest in certain lands that they had inherited. Fuli was born on 21 December 1902 and Amini on 7 March 1905. It was alleged by the respondents that Rs. 950 was paid as consideration for the transfer, and both the lower Courts have held that part, but not the whole, of this sum was received by or on behalf of the appellants.

(2.) On 24 January 1923 the appellants brought the present suit against the respondents claiming a declaration that they were entitled to their respective shares in the property, and joint possession with their cosharers, whom they impleaded as pro forma defendants. They also claimed damages and mesne profits against the respondents. When the suit was filed the appellants mother, Bhadi, was joined as a co-plaintiff, but subsequently she withdrew her claim. The trial Court dismissed Fuli's claim and decreed Amini's claim in part; but the lower appellate Court rejected the claims of both of the appellants, and dismissed the suit with costs. From that decree the appellants have preferred the present appeal.

(3.) The kobala in suit was executed by Fuli, and on behalf of Amini by her husband as her guardian, But as the husband of a minor is not her guardian under Mahomedan law, and the lower, appellate Court has found that both Fuli and Amini were minors at the time when the <JGN>Page</JGN> 2 of 4 kobala was executed, it was conceded that the kobala was null and void as against both the appellants.