Section 69 The Indian Contract Act, 1872

โœ… Section 69 โ€“ The Indian Contract Act, 1872

๐Ÿ“œ Bare Text of Section 69:

โ€œA person who is interested in the payment of money which another is bound by law to pay, and who therefore pays it, is entitled to be reimbursed by the other.โ€

๐Ÿ” Explanation:

Section 69 deals with reimbursement to a person who pays money on behalf of another, not voluntarily, but due to a legal interest.

โš–๏ธ Key Conditions for Application:

The other person must be bound by law to pay the money.

The person paying must have a legal, not voluntary or moral interest in making the payment.

The payer can then claim reimbursement.

๐Ÿง  Example:

A holds land leased by B. B fails to pay the land revenue (which he is legally bound to pay).

A, to protect his own interest in the land (e.g., ownership), pays the dues.

A can recover the amount from B under Section 69.

๐Ÿ“Œ Important Points:

This section is a part of quasi-contracts (Chapter V of the Act).

The person who makes the payment must not be a stranger to the transaction.

Payment must not be voluntary, but done to protect own legal interest.

๐Ÿงพ Case Law Example:

Gajanan Moreshwar v. Moreshwar Madan (1942)
โ€“ The Bombay High Court held that when a person makes a payment to protect his property or legal interest, he is entitled to reimbursement under Section 69.

 

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