Section 41 of Sale of Goods Act 1893

Section 41 of the Sale of Goods Act is about Seller’s lien. It provides as follows:

(1) Subject to the provisions of this Act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely; —

(a) Where the goods have been sold without any stipulalion as to credit;

(b) Where the goods have been sold on credit, but the term of credit has expired;

(c) Where the buyer becomes insolvent.

(2) The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee or custodier for the buyer.

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