AIR 1952 NAGPUR 8

Nagpur High Court

Hon'ble Judge(s): Deo , J

(A) Contract Act (9 of 1872) , S.151, S.152— Pledge - Duty of pawnee to take care of goods pawned - Goods lost by theft - Right of pawnee to recover debt personally from pawner. A pledge is a security for the performance of the promise to repay the debt. The pawnee is entitled to sue for the debt and recover it personally from the pawner. If the security is lost, the debt cannot be extinguished. Section 151, Contract Act refers to all kinds of bailment and does therefore include a pledge. The law requires nothing extraordinary of the pawnee but only that he shall use the ordinary care for restoring the goods pledged. Thus, if the pawnee loses the goods pawned e.g., by theft, without any fault on his part, he may still recover the debt and the loss falls on the owner. If the pawnee keeps the goods after tender of the debt to him and they are stolen, he is liable, for, after the tender he keeps them at his peril.(Para 3) Anno : Contract Act, Ss. 151 and 152, N. 7. (B) Contract Act (9 of 1872) , S.151— Pawnee keeping pawned ornaments in Godrej Safe along with his own ornaments - Key of safe kept in a locked cash box in the same room which was also locked - Room found to be easily accessible to burglars - Loss of pawned ornaments by theft by using the key from the cash bo....