AIR 1952 ALLAHABAD 205

Allahabad High Court

Hon'ble Judge(s): Sapru , J

Contract Act (9 of 1872) , S.151— Bailee - Duty of - Loss of thing bailed without his fault - Extent of his liability - Effect of agreement. What the law requires under S. 151, Contract Act, is that the bailee should take the same care of the bailed property which he, as a reasonable and prudent man, would take of his own goods of the same bulk, quality and volume.(Para 1) A hired a wooden shop from B to sell betels and under the written agreement was responsible to protect the shop and to return it in the same condition, and was also liable to make good the loss, if any, to the goods. The shop was burnt by the mob during the communal riots in the city. In a suit for damages by B against A. Held, that the language of the agreement should not be regarded as casting upon A, who was the bailee, the liability for loss of or injury to the goods entrusted to him without any reference to his own fault and therefore, A was not liable under the terms of the contract for the destruction of the shop as it was not due to any negligence on his part.(Para 3) Anno : Contract Act, S. 151, N. 6, 7. .....