484 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Section 55 (5) (6)— To pay the Price.
The buyer is not bound to pay the price except on a complete conveyance to himself of the whole interest that he has purchased.
If the property is sold free from incumbrances and these are not discharged at the time of conveyance, the buyer is not bound to pay.
His remedies for getting rid of incumbrances are—
(i) Under Section 18 (c) of the Specific Relief Act to compel the vendor tot discharge them,
(ii) He may discharge it himself and set off the amount against purchase money.
(iii) Recover it by subsequesnt suit against the vendor.
- This sub-section imposes a personal liability on the buyer apart from the liability imposed by Section 55 (4) (b) on the property— 52 All. 901.
BUYER’S LIABILITIES
II. A FTER C ONVEYANCE
Section 55 (5) (c)— To bear loss, etc.
Under sub-section 55 (1) (c) the seller is to bear the loss between Contract and Conveyance.
After conveyance the buyer is the owner and the property is at his risk. He must therefore bear the loss.
This is different from English Law under which the contract for sale transfers an equitable estate and with it liability for loss or destruction.
The seller is liable for waste and if the seller has insured the property, the buyer can comple him to apply it for restoration.
Section 55 (5) (d)— To pay outgoings.
Before conveyance this liability falls upon the seller—55
(1) (g) after conveyance it falls on the buyer— Public charges, Rent, Interest and Incumbrances.
- The liability is statutory and not merely contractual and therefore it is binding on a minor vendor on whose behalf the property is sold— 46 Mad. L. J. 464.