NAWAB KHWAJA MUHAMMAD KHAN V. NAWAB HUSAINI BEGAM (1910) 37 I.A. 152 (KHARCH-I-PANDAN)

NAWAB KHWAJA MUHAMMAD KHAN V. NAWAB HUSAINI BEGAM (1910) 37 I.A. 152 (KHARCH-I-PANDAN)

Facts: Plaintiff, a Mohamedan lady, against the defendant, her father-in-law, to recover arrears of certain allowance, called kharch-i-pandan, under the terms of an agreement executed by him.

Held: Wife, although not a party to the agreement, was entitled to enforce her claim. The contract had been entered for her benefit and some immovable property was charged in her name for such recovery. Therefore Tweedle vs. Attkinson case has no application in India because it might occasion serious injustice if common law doctrine was applied to agreements in such contracts.