Mr. Stefen owns a chicken farm near Gurugram, whe re he breeds them and sells eggs and live chicken to retail shops in Gurugram. Mr. Flemming also…

CA Foundation · Business Laws · RTP · September 2024
Mr. Stefen owns a chicken farm near Gurugram, whe re he breeds them and sells eggs and live chicken to retail shops in Gurugram. Mr. Flemming also owns a similar farm near Gurugram, doing the same business. Mr. Flemming had to go back to his native place in Australia for one year. He needed money for tra vel, so he had pledged his farm to Mr. Stefen for one year and received a deposit of 25 lakhs and went away. At that point of time, the stock of live birds was - 100,000 and eggs - 10,000. The condition was that when Flemming returns, he will repay the deposit and take possession of his farm with live birds and eggs. After one year Flemming came back and returned the deposit. At that time there were - 109,000 live birds (increase is due to hatching of eggs out of 10,000 eggs he had left), and - 15,000 eggs. Mr. Stefen agreed to return - 100,000 live birds and - 10,000 eggs only. State the duties of Mr. Stefen as Pawnee and advise Mr. Flemming about his rights in the given case.

Suggested Answer and Working Notes:

According to section 163 of the Indian Contract Act,1872, in the absence of any contract to the contrary, the bailee is bound to deliver to the bailor, or according to his directions, any increase or profit which may have accrued from the goods bailed. In the given question, when Mr. Flemming returned from Australia there were - 1,09,000 live birds and - 15,000 eggs (₹ 1,00,000 birds and - 10,000 eggs were originally deposited by Mr. Flemming). Mr. Stefen agreed to return - 1,00,000 live birds and - 10,000 eggs only and not the increased number of live birds and eggs. In the light of the provision of law and facts of the question, following are the answers: Duties of Mr. Stefen: Mr. Stefen (pawnee) is bound to deliver to Mr. Flemming (pawnor), any increase or profit (₹ 9,000 live birds and - 5,000 eggs) which has occurred from the goods bailed (i.e. the live birds and eggs). Right of Mr. Flemmimg: Mr. Flemming is entitled to recover from Pawnee any increase in goods so pledged.

Topics: The Indian Contract Act, 1872

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