286 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
5. Title to possession independently of ownership
1. Title to possession independently of ownership may arise in two ways.—
(i) By the act of owner.
(ii) Otherwise than by the act of the owner.
( I ) T ITLE TO P OSSESSION BY THE A CT OF T HE O WNER
(i) The owner may by his own act create in another person a right to the possession of the thing which belongs to him as owner.
(ii) Illustrations of such a right to possession are to be found in Bailment and lien.
(1) Simple bailment cover the cases of.—
(i) loan
(ii) custody
(iii) carriage
(iv) agency.
(2) Other Bailments.
Pawn
Hire.
2. Difference between Simple Bailment and other Bailments of Pawn or Hire.—
(i) In Simple Bailment the owner (Bailer) has a right to possession and the Bailee has legal possession. The Bailee being entitled to possession can maintain a suit to recover possession. The Bailer having a right to possession can also maintain a suit to recover possession against any person other than a Bailee.
(ii) In other Bailments of Pawn or Hire—The Bailer has no right to possession. The right to possession is vested in the Pawnee or Hirer during the continuance of the Bailment and it is only the Bailee (Pawnee or Hirer) who can maintain a suit for the recovery of possession.
- Lien is an illustration of a right to possession arising out of the act of the owner.—
(1) Lien is a right to possession of a thing which arises out of debt due by the owner.
(2) The right to possession of the owner is thus temporarily vested in another.