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Report No. 20

Clause 19

Sections 12 to 16 of the English Act contain elaborate provisions as to the procedure to be followed by a court when the owner files a suit against the hirer for recovery of the goods on termination of the agreement for default in payment. These provisions are too complicated and cumbersome for Indian conditions. Instead, a simple provision has been proposed in the draft, giving power to the court to grant relief against forfeiture in such cases. Section 114 of the Transfer of Property Act has been taken as a model.

It has been considered proper to add that the hirer must also comply with such conditions as the Court may think fit to impose. (The conditions may be in the shape of security for future instalments or any other provision. That need not be specified)

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