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2007 Supreme(Gau) 262

I.A.ANSARI
Kumud Kalita – Appellant
Versus
Lalit Sarma – Respondent


Advocates Appeared:
K.Munir, S.C.Biswas

1. The petitioner herein took, on loan, a car oh the basis of a hire-purchase agreement, which had been entered into by him with M/s. Bikash Finance Corporation. In terms of the said hire-purchase agreement, the amount, advanced by the financier, was to be re-paid in 42 monthly instalments with interest as had been agreed upon by the parties concerned. This hirepurchase agreement stipulated that the hirer would not sell, assign, transfer, mortgage, pledge, hypothecate, let or otherwise deal with or part with the possession of the said motor vehicle or create any interest of any third party therein until the time all the payments, due to the financier, were made. Under this hire-purchase agreement, it was also stipulated by the parties that until payment of the entire dues of the financier, the financier, who was the owner of the vehicle, would remain the owner of the vehicle and that the vehicle would be transferred to the petitioner, when the financier's dues were cleared. The hire-purchase agreement vested in the financier the right to repossess the vehicle if the hirer committed default in making payment of his dues. When the petitioner sold the said vehicle to a third party, th






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