A promised B to pay a sum of Rs. 10,000/- for temple renovation. But ‘A’ refused to perform his promise. Can B recover the amount from ‘A’? Give reasons.
B cannot recover the amount from A as the promise by A to pay a sum of Rs. 10,000/- for temple renovation is a contract without consideration and hence void as per Sec. 25 of the Indian Contract Act.
On the promise of payment of Rs. 10,000/- by A to B, only if B has taken some steps towards the temple renovation, then the contract is enforceable to the extent of the amount incurred as an exception to the rule that a contract without consideration is void.
The facts of the case resemble Abdul Aziz Vs. Masum Ali, (1914) 36 All 268, wherein the Court held that in a promise to give certain sum of money as donation towards the construction of a mosque building, if no steps were taken by the donor towards the construction, then the agreement was invalid, as there was no consideration for the agreement.