ACCORDING TO SECTION 172 OF INDIAN CONTRACT ACT, 1872<\/strong><\/p>\n\n\n\nThe bailment of goods as security for payment of a debt or performance of a promise is called \u201cpledge\u201d. The bailor is in this case called the \u201cPawnor\u201d. The Bailee is called the \u201cPawnee\u201d.<\/p>\n\n\n\n
Example<\/strong><\/p>\n\n\n\nJoseph is in urgent need of money so he deposits his gold watch to Michael as security for the money lent. This is a case of pledge whereby gold watch is bailed as a security for the amount lent. Here, Joseph is the pawnor and Michael is the pawnee.<\/p>\n\n\n\n
<\/span>FEATURES OF CONTRACT OF PLEDGE<\/u><\/span><\/h3>\n\n\n\nCONTRACT OF PLEDGE PDF<\/figcaption><\/figure>\n\n\n\n<\/span>1. Delivery of possession<\/strong><\/span><\/h4>\n\n\n\nOne of the most basic but important characteristics of the pledge is that there should be the delivery of possession from one party to another. The property pledged should be delivered by the pawnor to the pawnee. The delivery of the possession can be either actual or constructive.<\/p>\n\n\n\n
<\/span>2. In pursuance of the contract<\/strong><\/span><\/h4>\n\n\n\nIt\u2019s an important feature of the pledge is that the delivery of the goods by the pawnor to the pawnee shall be done in pursuance to the contract of pledge. But it\u2019s important to note that that the contract for pledge and delivery of goods need not be contemporaneous, in sense that it\u2019s not necessary that contract for pledge and delivery has to be done at the same time, the delivery of goods can be done before which ripens the pledge as soon as the advance is made.<\/p>\n\n\n\n
<\/span>3. Who can pledge<\/strong><\/span><\/h4>\n\n\n\nOrdinarily, goods may be pledged either by the owner or any person with the owner\u2019s consent. Here, it\u2019s essential that the owner\u2019s consent is present for making the pledge like if the owner of the good left his possession to the maid & then maid makes the pledge then the pledge won\u2019t be a valid one as there was no consent of the owner.<\/p>\n\n\n\n
Similarly, when the goods are left in possession of someone for some special purpose then also the goods can be pledged by that person. So to avoid confusion regarding who can pledge and does the consent of the owner is always necessary or not, the Indian Contract Act, have provided section 178 & 179 in that effect.<\/p>\n\n\n\n
<\/span>RIGHTS OF PAWNOR<\/u><\/span><\/h2>\n\n\n\nCONTRACT OF PLEDGE PDF<\/figcaption><\/figure>\n\n\n\nSome rights are also assigned to the pawnor so that pawnee doesn\u2019t get unduly benefit at the expense of the pawnor. The rights are as follows:-<\/p>\n\n\n\n
<\/span>A. Right to receive back the goods<\/strong><\/span><\/h4>\n\n\n\nThe pawnor after the due payment of the debt has the right to receive back the goods which have been delivered to him as security. The underlying principle is that the basic motive of giving security is not to sell that good to satisfy the claim but to give it as security to ensure that due payment is made.<\/p>\n\n\n\n
And once the due payment is made the goods need to be returned. Now if the pawnee as sold the goods or is unable to return the goods then the debt against the pawnee shall be deemed to be have been satisfied.<\/p>\n\n\n\n
<\/span>B. Pawnor\u2019s right to redeem<\/strong><\/span><\/h4>\n\n\n\nPawnor\u2019s right to redeem is stated in section 177 of the Act. Section 177 states that \u201cIf a time is stipulated for the payment of the debt, of performance of the promise, for which the pledge is made, and the pawnor makes default in payment of the debt or performance of the promise at the stipulated time, he may redeem the goods pledged at any subsequent time before the actual sale of them; but he must, in that case, pay, in addition, any expenses which have arisen from his default.\u201d<\/p>\n\n\n\n
The section states that if the pawnor fails in the payment of the debt at a stipulated time then he shall have the option to redeem his security any time before the sale takes place provided he shall be liable to pay the debt amount along with any additional expenses which the pawnee has incurred.<\/p>\n\n\n\n
The principle is that pawnor has the absolute right to redeem the property pledged upon tender of the amount advanced.<\/p>\n\n\n\n
Where the pawnor redeems the good after the fixed period of time, then he shall have extended liability of paying not only the debt amount but also any additional expenses which pawnee has incurred. Another aspect of his section is that, while redeeming of the goods, the pawnor has the right to take back not only the security but also any increase with the security which have taken place during the period of the pledge.<\/p>\n\n\n\n
<\/span>C.Right to suit<\/strong><\/span><\/h4>\n\n\n\nThis right is indirectly discussed above that pawnee has the right to sell but after giving reasonable notice. This right entails that the pawnee cannot sell that good as and when he wants but he should give some notice to the pawnor so that if he wants then he can pay the debt amount and free his security. So if the pawnee makes any unauthorized sales then pawnor has the right to file the suit against that sale.<\/p>\n\n\n\n
<\/span>D. Care & maintenance<\/strong><\/span><\/h4>\n\n\n\nThe pawnee has the duty to take proper care and maintenance of the security so that the security doesn\u2019t depreciate its values as that would mean that pawnor incurs additional expenditure over & above the debt amount and that would be an injustice to him. Then, in that case, pawnor can ask pawnee to reduce the value of the debt to the amount to which the good has lost his value.<\/p>\n\n\n\n
<\/span>RIGHTS OF PAWNEE \/PLEDGEE<\/span><\/h2>\n\n\n\nFollowing are the rights of pawnee: <\/p>\n\n\n\nCONTRACT OF PLEDGE PDF<\/figcaption><\/figure>\n\n\n\nRIGHT OF LIEN: (SEC. 173) <\/strong><\/p>\n\n\n\nWhen the goods are pledged the pawnee gets a lien or right of retaining the goods until not only the principal amount is paid but also the Interest and other expenses which the pawnee had to incurred with regard to keeping the goods pledge. <\/p>\n\n\n\n
RIGHTS OF RETAINER<\/strong><\/p>\n\n\n\nPawnee\u2019s right to retain the security has been discussed in section 173 & 174 of the Act.<\/p>\n\n\n\n
Section 173 states that pawnee has the right to retain the goods not only for the payment of the debt but also for the interest of the debt or for any necessary expenses incurred for the preservation of the goods pledged. Also, section 174 of the Act states that pawnee doesn\u2019t have the right to retain the goods for any other debt other than the one for which the security has been provided by the pawnor.<\/p>\n\n\n\n