X' in consideration of Rs. 10,000 lent by Y & Z, provides Y & Z jointly to repay them that sum with interest on a specified day. Y dies. The right to claim the performance

Solution (By Examveda Team)

This question deals with the concept of a joint promisee under the Indian Contract Act. A joint promisee is a situation where a promise is made to two or more persons jointly. In this case, X promises to repay Y and Z jointly. This means the right to claim the performance is vested in both Y and Z together.

Correct Answer: C
Since X made a joint promise to Y and Z, the right to receive the money and interest belongs to both of them. Upon Y's death, the right devolves upon Y's legal representatives (typically heirs or executors). Therefore, the right to claim the performance is available to both Y's representatives and Z.

Why other options are incorrect:
Option A: This is incorrect because it ignores Z's right as a joint promisee. The promise was made to both Y and Z; therefore, only Y's representatives claiming the right would be incomplete.
Option B: This is incorrect for the same reason as Option A. It ignores the right of Y's representatives.
Option D: This is incorrect because it introduces a succession aspect that's not relevant to the immediate right. The right exists jointly in Y and Z during their lifetimes. Upon the death of Y, the right is inherited by Y’s representatives. Z’s death is immaterial to Y's representatives rights. The joint right is not contingent on Z's continuing life.