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Can you please tell which provision of the Contract Act will apply here?

Mr Ramesh sold 15 acres of his agricultural land to Mr Amit on 10th October 2019 for â?¹40 Lacs. The property papers mentioned a condition, amongst other details, that whosoever purchases the land is free to use 13 acres as per his choice, but the remaining 2 acre has to be allowed to be used by Mr Rahul, son of the seller for carrying out farming or other activities of his choice. On 1st November 2019, Mr Ramesh died, leaving behind his son and wife. On 4th November 2019, purchaser started construction of an auditorium on the whole 15 acres of land and denied any land to the son. Now Mr Rahul wants to file a case against the purchaser and get a suitable redressed. Discuss the above in the light of provisions of the Indian Contract Act, 1872 and decide upon Mr Rahulâ??s plan of action?


Aman Mahajan

Aman Mahajan

CA Inter

18K+

26-Nov-20 18:04

23

Answers (4)

This case is exception of Doctrine of privity of contract (covenant running with the land)


Akash Sachin

Akash Sachin

CA Inter

30K+

26-Nov-20 20:07

This case is exception of Doctrine of privity of contract (covenant running with the land)

Can this also relate to Assignment of Contract as the father assigned the benefit of 2 acres of land to his son?


Aman Mahajan

Aman Mahajan

CA Inter

18K+

26-Nov-20 20:10

Can this also relate to Assignment of Contract as the father assigned the benefit of 2 acres of land to his son?

It is not a benefit, it is a duty affecting land


Akash Sachin

Akash Sachin

CA Inter

30K+

26-Nov-20 20:19

It is not a benefit, it is a duty affecting land

Ok thanks.


Aman Mahajan

Aman Mahajan

CA Inter

18K+

26-Nov-20 20:48