THE ANGLO-ORIENTAL FURNISHING COMPANY v. SAMARASINHA.

THE ANGLO-ORIENTAL FURNISHING COMPANY
v. SAMARASINHA.

C. R ., Colombo, 22,920.

Purchase-hire system of agreement-Furniture hired by tenant-Non-payment of hire of furniture-Arrears of house rent-Landlord's lien on furniture -Right of landlord to secure the furniture by removing it to another house.

    Where furniture was given on hire by the plaintiff to 0 on the purchase-hire system, and 0, being a tenant of the defendant, went into arrears of rent and the defendant removed the hired furniture from O's house to another house for greater security,-

    Held, in an action for delivery of the furniture, that defendant was entitled to retain it until the rent due to him was paid, unless it could be shown that it was brought into the house not for permanent use, but for a temporary purpose.

    The removal of the furniture by the landlord from O's house to another house for greater security did not terminate the right of detention.

ACTION for delivery of possession of two pieces of furniture hired by one Osthmuller from the plaintiffs, and wrongfully detained by the defendant on the pretext that defendant had' a lien over them for arrears of house rent due to him by Osthmuller. The following was the agreement between the plaintiffs and Osthmuller: -

    " This agreement made between the Anglo-Oriental Furnishing Company, hereinafter referred to as the owners, of the one part, and

D. L. Osthmuller of Colombo, hereinafter called the hirer, of the other part; The owners agree, at request of the hirer, to let on hire to the hirer, D. L. Osthmuller, furniture as per annexed list, and in consideration thereof the hirer agrees as follows:-

    " (1) To pay the owners, on the 6th day of October, 1902, a rent or hire instalment of Rs. 14.16, and Rs. 12 on the 6th day of each succeeding month for eleven months.'

    " (2') To keep and preserve the said furniture from injury (damage by fire included).

   " (3) To keep the said furniture in the hirer's own custody at the above-named address, and not to remove the same or permit or suffer the same to be removed without the owner's previous consent in writing.

   " (4) That if the hirer do not duly perform this agreement the owners may (without prejudice to their rights under this agreement) terminate the hiring and retake possession of the said furniture. And for that purpose leave and license is hereby given to the owners (or any agent or servant or any other person employed by the owners) to enter any premises occupied by the hirer, or of which the hirer is tenant, to take possession of the said furniture without being liable to any suit, action, indictment, or other proceeding by the hirer or any one claiming under the said hirer, D. L. Osthmuller.

   " (5) That if the hiring should be terminated by the hirer (under clause (a) below) and the said furniture be returned to the owners, the hirer shall remain liable to the owners for arrears of hire up to the date of such return, and shall not, on any ground whatever, be entitled to any allowance, credit, return, or set-off in respect of payments previously made.

   " (6) That unless and until the full sum of Rs. 146.16 be paid the said furniture shall be and continue to be the sole property of the owners.

    " The owners agree -

    " (a) That the hirer may terminate the hiring by delivering up to the owners the said furniture.

    " (b) If the hirer shall punctually pay the full sum of Rs. 146.16 by the payment of Rs. 14.16 at date of signing, and by the further payment of eleven monthly instalments of Rs. 12 in advance, as aforesaid, the said furniture shall become the sole and absolute property of the hirer ".

    The issues agreed to were: (1) Has the defendant a lien over the articles of furniture claimed, though they were brought into the defendant's house subject to the agreement that, if the said Osthmuller did not duly pay to

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