DELHI HIGH COURT

BALDEV SINGH VS DURGA

PRASAD
Ors. on 21 December, 1988
Author: Bahri
Bench: P Bahri
JUDGMENT Bahri, J.
FACTS OF THE CASE
Baldeo constructed a market at the
desire of the collector of the district.
Durga Prasad and other occupants of the
shops promised to pay to Baldeo a
commission on the articles sold through
their shop. Later, Durga Prasad and other
shopkeepers refused to pay commission
to Baldeo .Then Baldeo filed a suit for its
recovery. It was held that the contract
was void and could not be enforced
because it was without consideration.
The construction of the market by Baldeo
does no form a consideration because it
was not done at the request of Durga
Prasad and others, but voluntarily at the
request of a third party i.e., the Collector.
THE DECISION OF THE
COURT
Baldeo did not succeed since the
agreement was void for the want of
considersation. It was therefore,
heldthat since the consideration for the
construction for the construction of the
market did not move at desire of the
Durga Prasad. It did not constitute a
valid consideration.
RELEVANCE OF THE CASE

Consideration must be offered by the

promise at the desire or request of the
promisor . An act done at the desire or
request by the promisor amounts to a
voluntary act and does not from a valid
consideration.
RELATED HEADS

• Legal rules regarding consideration :-

1. Consideration must move at the desire of
the promisor – Consideration must be
offered by the promise at the desire or
request of the promisor.
2. Consideration must be real and not illusory
– It is important that the consideration
must not only be having some value, but it
must be real and not illusory.