AIR 1918 ALLAHABAD 363(2)

Allahabad High Court

Hon'ble Judge(s): Tudball, Abdul Raoof , JJ

(A) Contract Act (9 of 1872) , S.176— Pawnee need not give pawnor information of actual date, time and place of sale - Pawnee has only to give reasonable time within which right of redemption is to be exercised. Section 176, Contract Act, does not contemplate that the pawnee should give the pawnor information of the actual date, time and place of sale. The section does not mean that a sale should be arranged beforehand and that due notice of all the details should be given to the pawnor. All that the law intends is that the pawnee should give'the pawnor a reasonable time within which to exercise his right of redemption and proceed to sell if the property be not redeemed. A pawnee of certain articles or jewellery gave notice to the pavvnar that unless the money was paid within a fortnight, the jewellery would be sold without further reference to him. The notice did not mention the actual date, time and place of the intended sale. The articles were gold but the full amount of the debt was not realized. In a suit by the pawnee for the balance, it was contended that the notice given was not a reasonable notice of sale within the meaning of S. 176, Contract Act. Held: that the notice given was a reasonable notice of the intended sale within the meaning of the section (B) Co....