486 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
possession has been delivered depends upon the equities and circumstances of the case.
Illustration. —If the purchaser retains part of the purchase money as security for the seller discharging an incumbrance, he is not liable to pay interest.
- English and Indian Law.
(i) Under the English Law the seller has a lien from the date of the Contract.
(ii) Under the Indian Law the charge begins from the date of the conveyance.
(iii) The reasons for this difference :—
(a) Under the English Law, the seller parts with the estate as a result of the contract.
(b) Under the Indian Law, the seller parts with it as a result of conveyance.
(c) The result is the same, for both give the right to proceed against the property. The only difference is that the English lien being equitable, can be moulded by equity to suit circumstances. While the Indian charge being statutory, is rigid and must conform to the terms of the statute.
BUYER’S RIGHTS
I. B EFORE C ONVEYANCE
Section 55 (6) (b)— To claim a charge on the property for purchase money paid before conveyance.
The clause as worded makes no sense. It is in two parts. If the clause “unless he has improperly declined to take delivery” which is negatively put was put positively to read “if he has properly declined” then there is no distinction between the two clauses.
But there is a distinction between the two parts which is a distinction arising from burden of proof. Under the first part, the purchaser is entitled to certain rights which he can enforce “unless he has improperly declined to take delivery” which means that he is to lose those rights if the seller proves that he, the