Akhil ordered100 Kgs of wheat to M/s Sahil Kirana Store, and it promised to supply the wheat by the evening. In the evening, the hawker of M/s Sahil…

By virtue of provisions of Section 72 of the Indian Contract Act,1872, a person to whom money has been paid or anything delivered by mistake or under coercion, must repay or return it. Further, as per decision taken in case of Shivprasad Vs Sirish Chandra, every kind of payment of money or delivery of goods for every type of ‘mistake’ is recoverable. In the instant case, Akhil contracted M/s Sahil Kirana Store for supply of100 Kgs of wheat which to be delivered by the evening. In the evening, the hawker of M/s Sahil Kirana Store mistakenly delivered100 Kgs wheat at the house of neighbor of Akhil. As the hawker of M/s Sahil Kirana Store mistakenly delivered100 Kgs wheat at the house of neighbor of Akhil and neighbor accepted the wheat, there is a quasi-contract between M/s Sahil Kirana Store and neighbor. Hence, neighbor will be liable to pay the price of wheat.