Niyam v2 is live — start for just ₹100 — 200 credits to try

april 1962

Supreme Court of India · 1962-04-12

KAPUR CHAND GODHA vs MIR NAWAB HIMAYATALIKHAN AZAMJAH

Citation / case number
SC 1960/119
Court
Supreme Court of India
Petitioner
KAPUR CHAND GODHA
Respondent
MIR NAWAB HIMAYATALIKHAN AZAMJAH
Bench
DAS, S.K.

Judgment text excerpt

The Supreme Court held that under the Indian Contract Act, 1872, specifically Sections 41 and 63, a promisee who accepts performance from a third party cannot subsequently enforce the original promise against the promisor. In this case, the appellants accepted a payment of Rs. 20 lakhs in full satisfaction of their claim, thereby discharging the promissory notes. The Court upheld the Appellate Court's decision that the appellants were not entitled to sue for the balance after accepting the payment as full satisfaction.

KAPUR CHAND GODHA vs MIR NAWAB HIMAYATALIKHAN AZAMJAH · Niyam