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Report No. 168

Chapter V

Rights and Obligations of The Owner

18. Rights of owner to terminate hire-purchase agreement for default in payment of hire or unauthorised Act or breach of express conditions.-

(1) Where a hirer makes more than one default in the payment of hire as provided in the hire-purchase agreement then, subject to the provisions of section 21 and after giving the hirer notice in writing of not less than

(i) one week, in a case where the hire is payable at weekly or lesser intervals; and

(ii) two weeks, in any other case, the owner shall be entitled to terminate the agreement by giving the hirer notice of termination in writing:

Provided that if the hirer pays or tenders to the owner the hire in arrears together with such interest thereon as may be payable under the terms of the agreement before the expiry to the said period of one week or, as the case may be, two weeks, the owner shall not be entitle to terminate the agreement.

19. Rights of owner on termination.-

Where a hire-purchase agreement is terminated under this Act, then the owner shall be entitled,-

(a) to retain the hire which has already been paid and to recover the arrears of hire due:

Provided that when such goods are seized by the owner, the retention of hire and recovery or the arrears of hire due shall be subject to the provisions of section 17;

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(c) subject to the provisions of section 17 and section 20 and subject to any contract to the contrary, to enter the premises of hirer and seize the goods;

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The Hire-Purchase Act, 1972 Back




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