Law: Contract Act (IX of 1872)

Section: 170

  (a) Contract Act (IX of 1872), S. 170----Bailee's lien-Jute delivered, under written contract, to pressing company to be packed and baled for a stipulated sum-Conditions of contract stipulating company to provide godowns for storing goods but otherwise giving owner liberty to deal with jute stock fn godown in any manner pleas ing to him-Non-payment of company's dues, held, did not entitle company to claim lien on jute stocked in godown. Miller v. Nasmyths Patent Company Limited I L R 8 Cal. 312; Keene v. Thomas (1905) I K B D 136; North-Western Bank Limited v. John Poyhter Son & Macdonalds 1895 A C 56; Pallonjee Eduljee & Sons v. Lonavala City Municipality A I R 1937 Bom. 41; A I R 1937 Bom. 417; Secretary of State and another v. G. T. Sarin & Co. A I R 1930 Lah. 364 and Golam Rahman v. Girindra Chandra Bose P L D 1969 Dacca 446 distinguished. (b) Contract- Written contract-Court would be slow to import oral evidence for decision on interpretation of terms of the agreement. Dates of hearing: 27th and 28th May 1969.             JUDGMENT MAHMOOD HUSSAIN, J.---This appeal on behalf of the plaintiffs is directed against the judgment and decree passed by the learned Subordinate Judge in a suit for a declaration that the plaintiff has a prior lien over 4,000 bales of jute lying at godowns Nos. 3, 4 and 5 of the plaintiff and for a decree of Rs. 60,000. The plaintiff is the sole proprietor of the firm carrying on business in jute at Narayanganj and he entered into a contract with defendant No. 1 for storing, packing and baling of jute for the period from 1-7-56 to 30-6-57. That in terms of the contract the defendant No. 1 paid a sum of Rs. 30,000 as advance and agreed to pack 30,000 pucca bales of jute in the packing machineries of the plaintiff at the rate of Rs. 3-12-0 per bale and also store the said jute in the godown of the plaintiff. In terms of the contract the plaintiff was bound to supply labour for handling and forwarding purposes and it was further agreed that in case the number of pucca bales fall short of 30,000 the defendants shall pay at the rate of Rs. 1-2-0 for each…