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Definition -
A person, who is interested in the payment of
money which another is bound by law to pay,
and who therefore pays it, is entitled to be
reimbursed by the other.
Illustrations – Section 69
• Lalu holds land in Bihar, on a lease granted by the
zamindar Patil.
• The revenue payable by Zamindar Patil to the
Government being in arrear, his land is advertised
for sale by the Government.
• Under the revenue law, the. consequence of such
sale will be the annulment of Lalu’s lease. Lalu, to
prevent the sale and the consequent annulment of
his own lease, pays to the government the sum due
from Zamindar Patil.
• Zamindar Patil is bound to make good to Lalu the
amount so paid.
Pre conditions..
The plaintiff should be interested in making
the payment in order to protect his own
interest and the payment should not be
voluntary one.
Moreover, the payment must have been done
in good faith and not to manufacture evidence
of title to land or any other thing.
The payment must be such as the other party
was bound by law to pay.
The payment must not be such as the plaintiff
himself was bound to pay. He should only be
interested in making the payment.
A suit under this section is maintainable only
for reimbursement and not for contribution
(Ramkrishna vs Radhakrishana).
Section 70
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