AIR 1936 CALCUTTA 663

Calcutta High Court

Hon'ble Judge(s): D. N. Mitter, Patterson , JJ

(A) Contract Act (9 of 1872) , S.2, S.69— Stranger to contract, when can sue - Dar-patni kabuliat stipulating for payment into zamindari shiresta on behalf of patnidar - No trust created - Sapatnidar making payment of arrears of rent and averting sale of patni can claim reimbursement from patnidar and not darpatnidar. A stranger to a contract cannot take the benefit of a contract between two other persons reserving a benefit to that stranger unless from the terms of the contract it is clear that a trust for the stranger was intended. Consequently where under a darpatni kabuliyat the darpatnidar contracts with the patnidar that he would pay the darpatni rent into the shiresta of zamindar in the name of patnidar, and stipulates that in default of the payment of the assigned darpatni rent according to the kist he shall remain bound to pay what sum will fall due to the zamindar on account of interest for the defaulted kists in terms of patni kabuliat between the patnidar and the zamindar, there is no trust created in favour of the zamindar so as to entitle him to enforce payment by darpatnidar, nor is the darpatnidar "bound by law to pay" within the meaning of S. 69, if proceedings for sale of patni under regulations for arrears of rent are taken and sapatnidar pays the arrears and averts sale of patni so as to give him cause of action for reimbursement under S.....