Pledge

Abhinay Kumar Shaw (Querist) 25 July 2010 This query is : Resolved
Anurag proceeding to Europe, leave his furnitures on charge of Birendra, as his agent during his absent. Birendra, without Anurag's authority pledge the furniture to Chaman, and Chaman knowing the Birendra had no right to pledge the furniture, advertise its for sale.
Can Chaman be compied to deliver the Furniture to Anurag ? Please suggest with proper ground.

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Chanchal Nag Chowdhury (Expert) 25 July 2010
Yes. The problem is one of proof. Normally, one does not enter into a written agreement for such matters. If A can prove his ownership, he can.

Devajyoti Barman (Expert) 25 July 2010
Yes he is duty bound to return the article or furniture if he could not prove that the agent was authorised properly in that respect as the acts of the agent binds the principal with certain exceptions.

s.subramanian (Expert) 25 July 2010
yes. i agree with burman.

Madhav Dongre (Expert) 28 July 2010
It is a bailment and Birenbdra had a duty to return it to Anurag on his return. If he doesn't and pledges it, it is a fraud on his part.

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