Sameer gave a piece of cloth to Munshi, a tailor, to make a suit from it urgently within two days. Munshi promised to have the suit ready on time and managed to get it ready for delivery. Sameer refused to pay him the ex

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2025
Sameer gave a piece of cloth to Munshi, a tailor, to make a suit from it urgently within two days. Munshi promised to have the suit ready on time and managed to get it ready for delivery. Sameer refused to pay him the extra amount as agreed. In light of the relevant provisions of the Indian Contract Act 1872, discuss the remedy available to Munshi. Also discuss the difference between a general and a particular lien.

Answer & Explanation:

According to Section 170 of the Indian Contract Act 1872, where the goods are bailed for a particular purpose and the bailee in due performance of bailment, expands his skill and labour, he has in the absence of an agreement to the contrary a lien on the goods, i.e., the bailee can retain the goods until his charges in respect of labour and skill used on the goods are paid by the bailor. The section expresses the common law principle that if a man has an article delivered to him on the improvement of which he has to bestow trouble and expenses, he has a right to detain it until his demand is paid. The right of lien arises only where labour and skill have been used so as to confer an additional value to the article. In the given situation Munshi, who is bailee here, in due performance of bailment expanded his skill and labour and in the absence of an agreement to the contrary has a lien on the goods, i.e., he can retain the goods until his charges in respect of labour and skill used on the goods are paid by Sameer who is bailor here. If Sameer still refuses to pay, Munshi may also file a civil suit to recover the agreed extra amount as consideration for the urgent service rendered. Lien is of two kinds: Particular lien and General lien. A particular lien is one which is available only against that property of which the skill and labour have been exercised. A bailee's lien is a particular lien. A general lien is a right to detain any property belonging to the other and in the possession of the person trying to exercise the lien in respect of any payment lawfully due to him. Thus, a general lien is the right to retain the property of another for a general balance of accounts but a particular lien is a right to retain only for a charge on account of labour employed or expenses bestowed upon the identical property detained.

Topics: Indian Contract Act, 1872

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