X pledges his bike to Y for 1 lakh rupees. Y unlawfully sold the bike to Z before the lapse of the loan period. X sues Z for possession of his bike, without paying the loan amount even after expiring the time fixed for r

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2024
X pledges his bike to Y for 1 lakh rupees. Y unlawfully sold the bike to Z before the lapse of the loan period. X sues Z for possession of his bike, without paying the loan amount even after expiring the time fixed for repayment of the loan. Decide and give reasons. Also, enumerate the provisions related to the recovery of specific movable property.

Answer & Explanation:

Sections 7 and 8 of the Specific Relief Act, 1963 provide the provisions relating to recovery of specific movable properties. As per Section 7, a person entitled to the possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908. Explanation 1 .-A trustee may sue under this section for the possession of movable property to the beneficial interest in which the person for whom he is trustee is entitled. Explanation 2 . A special or temporary right to the present possession of movable property is sufficient to support a suit under this section. Section 8 provides that any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases: - (a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff; (b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed; (c) when it would be extremely difficult to ascertain the actual damage caused by its loss; (d) when the possession of the thing claimed has been wrongfully transferred from the plaintiff. Explanation - Unless and until the contrary is proved, the court shall, in respect of any article of movable property claimed under clause (b) or clause (c) above, presume- (a) that compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed, or, as the case may be; (b) that it would be extremely difficult to ascertain the actual damage caused by its loss; In view of above mentioned provisions, it can be said that "X" has not repaid the loan, therefore, he is not entitled for the possession.

Topics: Specific Relief Act

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