Indian Contract Act,1872

Act No : 9

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Section : Liability of person to whom money is paid or thing deliveredby mistake or under coercion

72. Liability of person to whom money is paid or thing deliveredby mistake or under coercion.-A person to whom money has been paid,or anything delivered, by mistake or under coercion, must repay orreturn it.--------------------------------------------------------------------- 1 The property of a Government ward in Madhya Pradesh is notliable under this section ; see the C. P. Court of Wards Act, 1899(C.P. 24 of 1899), s. 31 (1). 2 As to suits by minors under s. 70 in Presidency Small CauseCourts, see the Presidency Small Cause Courts Act, 1882 (15 of 1882),s. 32. 3 See ss. 151 and 152, infra.---------------------------------------------------------------------45 Illustrations (a)A and B jointly owe 100 rupees to C. A alone pays the amountto C, and B, not knowing this fact, pays 100 rupees over again to C. Cis bound to repay the amount to B. (b)A railway company refuses to deliver up certain goods to theconsignee, except upon the payment of an illegal charge for carriage.The consignee pays the sum charged in order to obtain the goods. Heis entitled to recover so much of the charge as was illegallyexcessive.

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