A and B agree that A will pay Rs. 1,000/- per month to B’s aged mother M. Can M enforce this payment?

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Answer:

M can enforce the payment as per the agreement of A and B. The general rule of law is that only a party to the contract can sue and be sued. Strangers or third parties cannot enforce the contract.

In other words, contract is a private affair between the parties to the contract alone.  If creates a legal bond or tie between the parties to the contract alone. Thus if there is a contract between A and B, C cannot enforce it.

 

One of the exceptions to this rule is that if any agreement is made in connection with family arrangement like maintenance, marriage, partition, etc, then the beneficiary can sue for the enforcement of the agreement, though he/she is not a party to the contract.

 

The facts of the case resemble Shuppu Ammal Vs. Subramanian (1910) 33 Mad 2, where on partition of their properties, two brothers agreed to pay equal sum of money for maintenance of their mother. The Court held that she was entitled to sue the sons for such payment of money.

Last Updated On January 29, 2018
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