• Rights of Pawner

 The rights of Pawner are as follows:

  •  Enforcement of Pawnee's duties:

The duties of the Pawnee are the rights of the Pawner. Therefore, partner enforces by suit all the duties of the Pawnee as his rights.


  • Right to get back the goods pledged:

A Pawner has right to return the goods after the fulfillment of duties or fulfillment of his obligation as per the contract of pledge.


  •  Right to receive notice before sale of pledged goods:

A Pawner, who defaults in payment of the debt amount the partner, has right to receive the notice before sale of goods of pledge.


  • To receive the goods with accretion:

The Pawner has right to receive the goods with accretion. Example, 'A' leaves a cow as a security to debt of 'B' the cow gave birth a calf, 'B' is bound to delivery the cow as well as to 'A'.

Duties of Pawner

 The duties of Pawner are as below;

  • To compensate the extra-ordinary expenses incurred for necessary care of the goods pledged.
  • To pay of the dues, if it is inadequate by the sale of the goods pledged.
  • To disclose the facts of defect and goodness of the goods pledged.
  • To meet his obligation on stipulated time, date and complies with the terms of contract.

Rights of Pawnee

 The followings are the rights of the Pawnee:

  • Right to retain continuous possession:

A Pawnee has right to retain the continuous possession over the goods pledged until he is received his dues. He has the right to detain the goods not only the payment of debt or performance of promise, but for the interest due to the debt and all other necessary expenses incurred by him in respect of the possession or for preservation of the goods pledged. Thus, this right may be termed as the Pawnees' right of particular lien.

  • Right to extra-ordinary expenses:

The Pawnee has also right to be recovered from the Pawner extra-ordinary expenses incurred by him for the protection of goods pledged. He has right to sue the Pawner for recovery of such extra ordinary expenses.

  •  Right to sell the goods on default of the Pawner:

Where a Pawner makes defaults in the payment of the debt or performance of promise, the Pawnee may exercise either of the following rights:

  • To sue the Pawner for nonperformance of the contract.
  • To sell the goods after giving notice to the pawner.
  • To recover the debt from the Pawner if it is inadequate for the full claim but the surplus  amount should be returned to the Pawner if any.
  • To retain the goods as collateral security after the snit.


 Right of retainer for subsequent advances:

When the Pawnee lends money to the same debtor after the debt of pledge without any further security, it shall be presumed that the right of retainer over the pledged goods extends even to subsequent advantage.

 Duties of Pawnee

 The duties of the Pawnee are similar to Bailee, however following are the duties of the Pawneee:

  • To take reasonable care of the goods pledged 
  • Not to make any unauthorized use of the goods pledged .
  • Not to mix the goods pledged with his own goods.
  • Not to do any act in violation of the terms of the contract of pledge and of the provisions of contract Act.
  • To return the goods pledged on the receipt of his full dues or fulfillment of promise of the pawner.
  • To deliver any accretion to the goods pledged to the pawner. e.g. Bonus share.
  • He should not sell the goods pledged without a reasonable notice to the pawner.