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Question
Mark the best option:
Principle: If a person below 18 years of age obtains property or goods by misrepresenting his age, he can be compelled to restore it, but only so long as the same is in his possession.
Facts: Niraj, a student of class 12 aged 171/2 years succeeded in deceiving Bhawarlal; a money-lender by telling him a lie about his age, and so got him to lend Rupees five thousand on the faith of his being adult. He lost the whole sum in gambling.
Options
Bhawarlal can recover the sum of money from Niraj
Bhawarlal can recover the amount from Niraj’s parents
Niraj cannot be compelled to pay back the sum of money to Bhawarlal
Bhawarlal can wait till Niraj becomes a major and then recover the amount
Solution
Niraj cannot be compelled to pay back the sum of money to Bhawarlal
A contract with a minor is void ab initio and anything is given to him or obtained by him cannot be recovered by the other person nor the minor is liable to pay.