Law:

Section:

Contract-Benefit cinder passing to more than one person---­Contract not thereby split up and transferees not independent promises--Default as to one transferee is default as to the agreement as a whole. The plaintiff agreed to pay a certain amount of grain to defendant annually at each of the crops, Rabi and Kharif; in consideration of occupying the defendant's land, from which the defendant agreed she would not eject the plaintiff so long as he continued paying the agreed amount of grain: The defendant sold a share of the land to a third person, whereupon the plaintiff defaulted in payment of a propor­tionate share of the grain to the defendant. Held, that the default constituted a breach of the agree­ment. If the benefit and burden of a contract should, by transfer or operation of law, pass to more than one person, the con­tract is not split up and such persons do not become inde­pendent promisees. They together constitute a party to the contract and a default in respect of any of them is a default in relation to the agreement. JUDGMENT KAIKAUS, J.---The land in dispute belonged to one Jiwan who died some time before the 14th of April 1935 leaving behind him a widow, Mst. Bhagan, in whose favour the land was mutated. Jiwan was governed by agricultural custom and Mst. Bhagan was entitled to a life estate. Jiwan had a brother Nur Hasan, the plaintiff in the present suit, and on the 14th of April 1935 Nur Hasan and Mst. Bhagan entered into an agreement, executed in two parts, with respect to the land which Mst. Bhagan had inherited from Jiwan. The first part of this agreement, which is exhibited as P. 1, is executed by Mst. Bhagan and states that land measuring about 49 kanals and some marlas, which belongs to her, would remain in the possession of Nur Hasan plaintiff as long as he went on paying 25 pies of wheat every rabi and 12 pies --of bajra every kharif. It goes on to state that as long as he was paying the produce, Nur Hasan would not be liable to ejectment. The second part of this document, which is exhibited as D. 1, is executed by Nur Hasan in favour of Mst. Kagan and states that he will go on paying 25 pies of wheat every rabi and 12 pies of bajra…

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