Rahul hired a car for 15 days from M/s Kushwah Travels. After five days, M/s Kushwah Travels demanded back his car from Rahul. He was also agreed to…

According to Section 159 of the Indian Contract Act,1872, when the goods are lent gratuitously, the bailor can demand back the goods at any time even before the expiry of the time fixed or the achievement of the object. However, due to the premature return of the goods, if the bailee suffers any loss, which is more than the benefit actually obtained by him from the use of the goods bailed, the bailor has to compensate the bailee. In the given problem, Rahul hired a car for15 days from M/s Kushwah Travels but just after five days, M/s Kushwah Travels demanded back his car from Rahul. Rahul refused to return the car before the period of bailment, i.e.15 days. M/s Kushwah Travels filed suit against Rahul for recovery of car. Premature recovery of goods bailed is available only in case of gratuitous bailment. If bailment is for hire, this right is not available to the bailor even if he is ready to compensate for such premature return. Hence, M/s Kushwah Travels cannot recover back the goods before15 days.