Section 9
Section 9
A person entitled to the possession of specific movable property may recover the same in the manner prescribed by the law relating to civil procedure in force in Brunei Darussalam.
Explanation 1 — A trustee may sue under this section for the possession of property to the beneficial interest in which the person for whom he is trustee is entitled.
Explanation 2 — A special or temporary right to the present possession of property is sufficient to support a suit under this section.
Illustrations
(a)
A. pledges certain jewels to B. to secure a loan. B. disposes of them before he is entitled to do so. A., without having paid or tendered the amount of the loan, sues
B. for possession of the jewels. The suit should be dismissed, as A. is not entitled to their possession, whatever right he may have to secure their safe custody.
(b)
A. receives a letter addressed to him by B. B. gets back the letter without
A.’s consent. A. has such a property therein as entitled him to recover it from B.
(c)
A. deposits books and papers for safe custody with B. B. loses them and
C. finds them, but refuses to deliver them to B. when demanded. B. may recover them from C., subject to C.’s right if any, under section 121 of the Contracts Act (Chapter 106).
(d)
A., a warehouse-keeper, is charged with the delivery of certain goods to Z., which B. takes out of A.’s possession. A. may sue B. for the goods.
Liability of person in possession, not as owner, to deliver to person entitled to immediate possession.