AIR 1917 MADRAS 250 ::(1916) 30 Mad LJ(134) 491 ::1916 (30) Mad LJ 491 ::1916 Mad WN 73

Madras High Court

Hon'ble Judge(s): Sadasiva Aiyar, Moore , JJ

(A) Contract Act (9 of 1872) , S.196— Principal and agent-Unauthorized act of agent-Agent acting on his own account- Ratification not possible. The right of a principal to ratify an unauthorized act of his agent, under S.196, Contract Act, is confined to cases where the agent purports to act on the principal's behalf. No ratification is possible where the agent acts on his own account, and, though without authority, not on behalf of the principal Keighley Maxsted and Co. v. Durant, (1901) A. C. 240 and 35 Mad. 177, Foll. (B) Contract Act (9 of 1872) , S.196, S.216— Property purchased in Court auction by agent acting on his own account contrary to principal's directions-Principal cannot ratify so as to derive benefit. Where property was purchased in Court auction by the decree-holder's agent acting on his own account and contrary to the principal's directions, the principal cannot ratify the act so as to give himself the benefit of the purchase, as it was not an act either done on behalf of the principal under S. 196 or in the course of the agency under S. 216, Contract Act: (C) Civil P.C. (5 of 1908) , S.144— Bonafide purchaser at Court sale-Restitution- "Good faith"-Meaning of. ....