मराठी

Principle: Money Or Good Given to a Person by Mistake Must Be Returned to the Person Who Gave Them. Factual Situation: Sunil and Burma Jointly Owed ₹1000 to Siraj. -

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प्रश्न

Principle: Money or good given to a person by mistake must be returned to the person who gave them. 

Factual Situation: Sunil and Burma jointly owed 1000 to Siraj. Sunil pays the whole amount to Sirai in Suman's absence. Suman after returning from his vacations also paid the full amount to Siraj not knowing the fact that Sunil had already paid the same. Is Siraj bound to repay or return the  extra money to Suman that he obtained under mistake from  her?

पर्याय

  • No, this is not Sirai's mistake but Suman's, hence there  is no point of returning the money back  

  • Yes, because Suman and Sunil owed only 1000 to Siraj. Suman paid extra 1000 by mistake and now Siraj has a total of 2000 which is extra from the original owed amount

  • No, extra 1000 interests from Suman's side

  • Facts are not clear.  

MCQ

उत्तर

Yes, because Suman and Sunil owed only 1000 to Siraj. Suman paid extra 1000 by mistake and now Siraj has a total of 2000 which is extra from the original owed amount

Explanation:

From the given facts one can clearly comprehend that Sunil and Suman under a wrong impression paid ₹1000 extra to Siraj, thus according to the ruling principle Siraj is bound by law to pay back the extra amount received by her by mistake to Sunil and Suman who paid it.

1. option "No, this is not Sirai's mistake but Suman's, hence there is no point of returning the money back" is incorrect. The above explanation holds valid.

2. Option "No, extra 1000 are interest from Suman's side" is incorrect as no such interest is mentioned in the facts given.

3. Option "Facts are not clear." is not applicable. 

shaalaa.com
Contract Law
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