By:

Ayan Chakraborty
Mayank Varshney
Case Name:



Khwaja Mohammad Khan

Vs

Hussaini Begum


The Case:
Khwaja Mohammad Khan was the father of bridegroom.
Hussaini Begum was the bride. Both the bride and the
bridegroom were minors at the time of marriage. Khwaja
Mohammad Khan and Hussaini Begums father entered into
an agreement at the time of marriage. Khwaja Mohammad
Khan executed an agreement with Hussaini Begums father
that in consideration of the respondents marriage with his
son, he would pay to her a sum of Rs. 500 every month in
perpetuity for the betel-leaf expenses. He also charged certain
properties with the payment giving the power to Hussaini
Begum to enforce it. The marriage took place. After some
years, Hussaini Begum and her husband separated due to the
differences, quarrels between them. She sued khwaja
Mohammad Khan for the recovery of the arrears of annuity @
Rs. 500 per month. The appellant Khawaja Mohammad Khan
argued that Hussaini Begum was not a party to the contract by
him with the father of Hussaini Begum.

Judgement:
The Privy Council gave the judgment in favour of Hussaini
Begum. It held that Hussaini Begum, although no party to
the agreement, was clearly entitled to proceed in equity.
Being she was the beneficiary of the contract, she could
enforce her claim. The Privy council held that A stranger to
contract is different from a stranger to consideration. Here
Hussaini Begum was a stranger to the contract, but she was
concerned with the consideration. Hence the famous rule A
stranger to a contract cannot sue would not apply in her
case.
Here the agreement executed by the defendant specifically
charges immovable property for the allowance which he
binds himself to pay to the plaintiff; she is the only person
beneficially entitled under it.

Analysis of
Judgement
Privity of contract
Position in India
No provision in the Indian Contract Act either for
or against

Exceptions to the Privity Rule

Beneficiaries under trust or charge or
other arrangements

Marriage Settlement , Position or Other
Family arrangements

Acknowledgement

Thank You