Indian_Real_Estate_Law (2)
Indian Real Estate Laws 174be found, or if he refuses upon demand, topay the lawful charges of the finder, the findermay sell it—" (1) when the thing is in dangerof perishing or of losing the greater part ofits value, or (2) when the lawful charges of thefinder, in respect of the thing found, amount totwo-thirds of its value. 170. Bailee’s particularlien.—Where the bailee has, in accordancewith the purpose of the bailment, rendered anyservice involving the exercise of labour or skillin respect of the goods bailed, he has, in theabsence of a contract to the contrary, a rightto retain such goods until he receives due remunerationfor the services he has rendered inrespect of them. Illustrations (a) A deliversa rough diamond to B, a jeweller, to be cutand polished, which is accordingly done. B isentitled to retain the stone till he is paid forthe services he has rendered. (a) A delivers arough diamond to B, a jeweller, to be cut andpolished, which is accordingly done. B is entitledto retain the stone till he is paid for theservices he has rendered." (b) A gives cloth toB, a tailor, to make into a coat. B promises Ato deliver the coat as soon as it is finished, andto give a three months credit for the price. B isnot entitled to retain the coat until he is paid.(b) A gives cloth to B, a tailor, to make into acoat. B promises A to deliver the coat as soonas it is finished, and to give a three monthscredit for the price. B is not entitled to retainthe coat until he is paid." 170. Bailee’s particularlien.—Where the bailee has, in accordancewith the purpose of the bailment, rendered anyservice involving the exercise of labour or skillin respect of the goods bailed, he has, in theabsence of a contract to the contrary, a rightto retain such goods until he receives due remunerationfor the services he has rendered inrespect of them. Illustrations (a) A deliversa rough diamond to B, a jeweller, to be cutand polished, which is accordingly done. B isentitled to retain the stone till he is paid forthe services he has rendered. (a) A deliversa rough diamond to B, a jeweller, to be cutand polished, which is accordingly done. Bis entitled to retain the stone till he is paidfor the services he has rendered." (b) A givescloth to B, a tailor, to make into a coat. Bpromises A to deliver the coat as soon as itis finished, and to give a three months creditfor the price. B is not entitled to retain thecoat until he is paid. (b) A gives cloth to B,a tailor, to make into a coat. B promises A todeliver the coat as soon as it is finished, and togive a three months credit for the price. B isnot entitled to retain the coat until he is paid."171. General lien of bankers, factors, wharfingers,attorneys and policy-brokers.—Bankers,factors, wharfingers, attorneys of a High Courtand policy-brokers may, in the absence of acontract to the contrary, retain as a securityfor a general balance of account, any goodsbailed to them; but no other persons have aright to retain, as a security for such balance,goods bailed to them, unless there is an expresscontract to that effect.1 —Bankers, factors,wharfingers, attorneys of a High Courtand policy-brokers may, in the absence of acontract to the contrary, retain as a securityfor a general balance of account, any goodsbailed to them; but no other persons have aright to retain, as a security for such balance,goods bailed to them, unless there is an expresscontract to that effect.1" 172. ‘Pledge’,‘pawnor’ and ‘pawnee’ defined.—The bailmentof goods as security for payment of a debtor performance of a promise is called ‘pledge’.The bailor is in this case called the ‘pawnor’.The bailee is called ‘pawnee’. —The bailmentof goods as security for payment of a debtor performance of a promise is called ‘pledge’.The bailor is in this case called the ‘pawnor’.The bailee is called ‘pawnee’." 173. Pawnee’sright of retainer.—The pawnee may retain thegoods pledged, not only for payment of thedebt or the performance of the promise, butfor the interests of the debt, and all necessaryexpenses incurred by him in respect of thepossession or for the preservation of the goodspledged. —The pawnee may retain the goodspledged, not only for payment of the debt orthe performance of the promise, but for the interestsof the debt, and all necessary expensesincurred by him in respect of the possessionor for the preservation of the goods pledged."173. Pawnee’s right of retainer.—The pawneemay retain the goods pledged, not only forpayment of the debt or the performance ofthe promise, but for the interests of the debt,6.6 6. THE INDIAN CONTRACT ACT, 1872
175 Indian Real Estate Lawsand all necessary expenses incurred by himin respect of the possession or for the preservationof the goods pledged. —The pawneemay retain the goods pledged, not only forpayment of the debt or the performance ofthe promise, but for the interests of the debt,and all necessary expenses incurred by himin respect of the possession or for the preservationof the goods pledged." 174. Pawneenot to retain for debt or promise other thanthat for which goods pledged. Presumptionin case of subsequent advances.—The pawneeshall not, in the absence of a contract to thateffect, retain the goods pledged for any debtor promise other than the debt or promise forwhich they are pledged; but such contract, inthe absence of anything to the contrary, shallbe presumed in regard to subsequent advancesmade by the pawnee. —The pawnee shallnot, in the absence of a contract to that effect,retain the goods pledged for any debt orpromise other than the debt or promise forwhich they are pledged; but such contract, inthe absence of anything to the contrary, shallbe presumed in regard to subsequent advancesmade by the pawnee." 175. Pawnee’s rightas to extraordinary expenses incurred.—Thepawnee is entitled to receive from the pawnorextraordinary expenses incurred by him forthe preservation of the goods pledged. —Thepawnee is entitled to receive from the pawnorextraordinary expenses incurred by him forthe preservation of the goods pledged." 175.Pawnee’s right as to extraordinary expensesincurred.—The pawnee is entitled to receivefrom the pawnor extraordinary expenses incurredby him for the preservation of the goodspledged. —The pawnee is entitled to receivefrom the pawnor extraordinary expenses incurredby him for the preservation of the goodspledged." 176. Pawnee’s right where pawnormakes default.—If the pawnor makes defaultin payment of the debt, or performance; atthe stipulated time or the promise, in respectof which the goods were pledged, the pawneemay bring a suit against the pawnor upon thedebt or promise, and retain the goods pledgedas a collateral security; or he may sell the thingpledged, on giving the pawnor reasonable noticeof the sale. —If the pawnor makes defaultin payment of the debt, or performance;at the stipulated time or the promise, in respectof which the goods were pledged, thepawnee may bring a suit against the pawnorupon the debt or promise, and retain the goodspledged as a collateral security; or he may sellthe thing pledged, on giving the pawnor reasonablenotice of the sale." If the proceeds ofsuch sale are less than the amount due in respectof the debt or promise, the pawnor isstill liable to pay the balance. If the proceedsof the sale are greater than the amount so due,the pawnee shall pay over the surplus to thepawnor. 176. Pawnee’s right where pawnormakes default.—If the pawnor makes defaultin payment of the debt, or performance; atthe stipulated time or the promise, in respectof which the goods were pledged, the pawneemay bring a suit against the pawnor upon thedebt or promise, and retain the goods pledgedas a collateral security; or he may sell the thingpledged, on giving the pawnor reasonable noticeof the sale. —If the pawnor makes defaultin payment of the debt, or performance;at the stipulated time or the promise, in respectof which the goods were pledged, thepawnee may bring a suit against the pawnorupon the debt or promise, and retain the goodspledged as a collateral security; or he may sellthe thing pledged, on giving the pawnor reasonablenotice of the sale." If the proceeds ofsuch sale are less than the amount due in respectof the debt or promise, the pawnor isstill liable to pay the balance. If the proceedsof the sale are greater than the amount so due,the pawnee shall pay over the surplus to thepawnor. 177. Defaulting pawnor’s right to redeem.—Ifa time is stipulated for the paymentof the debt, or performance of the promise,for which the pledge is made, and the pawnormakes default in payment of the debt or performanceof the promise at the stipulated time,he may redeem the goods pledged at any subsequenttime before the actual sale of them1,but he must, in that case, pay, in addition,any expenses which have arisen from his default.177. Defaulting pawnor’s right to redeem.—Ifa time is stipulated for the paymentof the debt, or performance of the promise,for which the pledge is made, and the pawnor6. THE INDIAN CONTRACT ACT, 1872 6.6
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175 Indian Real Estate Laws
and all necessary expenses incurred by him
in respect of the possession or for the preservation
of the goods pledged. —The pawnee
may retain the goods pledged, not only for
payment of the debt or the performance of
the promise, but for the interests of the debt,
and all necessary expenses incurred by him
in respect of the possession or for the preservation
of the goods pledged." 174. Pawnee
not to retain for debt or promise other than
that for which goods pledged. Presumption
in case of subsequent advances.—The pawnee
shall not, in the absence of a contract to that
effect, retain the goods pledged for any debt
or promise other than the debt or promise for
which they are pledged; but such contract, in
the absence of anything to the contrary, shall
be presumed in regard to subsequent advances
made by the pawnee. —The pawnee shall
not, in the absence of a contract to that effect,
retain the goods pledged for any debt or
promise other than the debt or promise for
which they are pledged; but such contract, in
the absence of anything to the contrary, shall
be presumed in regard to subsequent advances
made by the pawnee." 175. Pawnee’s right
as to extraordinary expenses incurred.—The
pawnee is entitled to receive from the pawnor
extraordinary expenses incurred by him for
the preservation of the goods pledged. —The
pawnee is entitled to receive from the pawnor
extraordinary expenses incurred by him for
the preservation of the goods pledged." 175.
Pawnee’s right as to extraordinary expenses
incurred.—The pawnee is entitled to receive
from the pawnor extraordinary expenses incurred
by him for the preservation of the goods
pledged. —The pawnee is entitled to receive
from the pawnor extraordinary expenses incurred
by him for the preservation of the goods
pledged." 176. Pawnee’s right where pawnor
makes default.—If the pawnor makes default
in payment of the debt, or performance; at
the stipulated time or the promise, in respect
of which the goods were pledged, the pawnee
may bring a suit against the pawnor upon the
debt or promise, and retain the goods pledged
as a collateral security; or he may sell the thing
pledged, on giving the pawnor reasonable notice
of the sale. —If the pawnor makes default
in payment of the debt, or performance;
at the stipulated time or the promise, in respect
of which the goods were pledged, the
pawnee may bring a suit against the pawnor
upon the debt or promise, and retain the goods
pledged as a collateral security; or he may sell
the thing pledged, on giving the pawnor reasonable
notice of the sale." If the proceeds of
such sale are less than the amount due in respect
of the debt or promise, the pawnor is
still liable to pay the balance. If the proceeds
of the sale are greater than the amount so due,
the pawnee shall pay over the surplus to the
pawnor. 176. Pawnee’s right where pawnor
makes default.—If the pawnor makes default
in payment of the debt, or performance; at
the stipulated time or the promise, in respect
of which the goods were pledged, the pawnee
may bring a suit against the pawnor upon the
debt or promise, and retain the goods pledged
as a collateral security; or he may sell the thing
pledged, on giving the pawnor reasonable notice
of the sale. —If the pawnor makes default
in payment of the debt, or performance;
at the stipulated time or the promise, in respect
of which the goods were pledged, the
pawnee may bring a suit against the pawnor
upon the debt or promise, and retain the goods
pledged as a collateral security; or he may sell
the thing pledged, on giving the pawnor reasonable
notice of the sale." If the proceeds of
such sale are less than the amount due in respect
of the debt or promise, the pawnor is
still liable to pay the balance. If the proceeds
of the sale are greater than the amount so due,
the pawnee shall pay over the surplus to the
pawnor. 177. Defaulting pawnor’s right to redeem.—If
a time is stipulated for the payment
of the debt, or performance of the promise,
for which the pledge is made, and the pawnor
makes default in payment of the debt or performance
of the promise at the stipulated time,
he may redeem the goods pledged at any subsequent
time before the actual sale of them1,
but he must, in that case, pay, in addition,
any expenses which have arisen from his default.
177. Defaulting pawnor’s right to redeem.—If
a time is stipulated for the payment
of the debt, or performance of the promise,
for which the pledge is made, and the pawnor
6. THE INDIAN CONTRACT ACT, 1872 6.6
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