488 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
wholly lost and there is not only no charge but there is even no personal liability.
(ii) If it is part payment—There is a charge unless seller shows that the buyer has improperly refused to take delivery. Part payment is never wholly lost. If it fails to create a charge, it remains as a personal liability of the seller.
(4) Whether it is part payment or earnest is matter of contract or intention.
The purchaser’s charge can be enforced against the seller and all persons claiming under him.
(1) The buyer loses his charge :—
(i) By his own subsequent default.
(ii) By his improperly refusing to take delivery.
(2) Earnest money—There are two purposes underlyning Earnest:—
(i) It goes in part payment of the purchase money.
(ii) It is a security for the performance of the contract. It becomes part of the purchase money if the contract goes through. It is forfeited, if the contract falls through by reason of the fault or failure of the purchaser.
II. A FTER C ONVEYANCE
Section 55 (6) (a)— To claim increment.
This must be so, because, after conveyance he is the owner.
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Sales free Incumbrances
- As far as possible, a sale ought to be free from incumbrances. To provide sales being made free from incumbrances T. P. Act contains two sections which make it possible. They are Section 56 and Section 57.
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