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Report No. 20

19. Relief against termination for non-payment of hire.-

Where the owner, after he has terminated the hire-purchase agreement in accordance with the provisions of clause (a) of section 16, institutes any suit or presents any petition against the hirer for the recovery of the goods, and at the hearing of the suit or petition, 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 and his full costs of the suit or petition and complies with such other conditions, if any, as the court may think fit to impose, the court may, in lieu of making a decree or order for specific delivery, pass an order relieving the hirer against the termination; and thereupon the hirer shall continue in possession of the goods as if the agreement had not been terminated.

[Contrast section 12(1) read with section 11(1), H.P.A., 1938,
Compare section 114, Transfer of Property Act, 1882,
Contrast sections 12-14, H.P.A., 1938]



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