Question

Principle: Money or good given to person by mistake must be returned to the person who gave them.
Factual Situation: Sunil and Burma jointly owed $Rs.1000$ to Siraj. Sunil pays the whole amount to Sirai in Suman's absence. Suman after returning from his vacations also paid full amount to Siraj not knowing the fact that Sunil had already paid the same. Is Siraj bound to repay or return the extra money to Suman that he obtained under mistake from her?

• A. No, this is not Sirai's mistake but Suman's, hence there is no point of returning the money back
• B. Yes, because Suman and Sunil owed only $Rs.1000$ to Siraj. Suman paid extra $Rs.1000$ by mistake and now Siraj has to total of $Rs.2000$ which is extra from the original owed amount
• C. No, extra $Rs.1000$ are interest from Suman's side
• D. Fact are not clear

Answer 1

Answer: (B)

Yes, because Suman and Sunil owed only $Rs.1000$ to Siraj. Suman paid extra $Rs.1000$ by mistake and now Siraj has to total of $Rs.2000$ which is extra from the original owed amount

(b) is correct. From the given facts one can clearly comprehend that Sunil and Suman under a wrong impression paid $Rs.1000$ extra to Siraj, thus according to the ruling principle Siraj is bound by law to pay back the extra amount received by her by mistake to Sunil and Suman who paid it.
(a) (b) is incorrect. Above explanation holds valid.
(c) (c) is incorrect as no interest is mentioned in the facts given.
(d) (d) not applicable.