s 8 Possession to be taken under bill of sale under certain circumstances only
8.—(1) Personal chattels included in a bill of sale made or given by way of security for the payment of money by the grantor thereof shall not be liable to be seized or taken possession of by the grantee for any other than the following causes:(a) if the grantor makes default in payment of the sum or sums of money thereby secured at the time therein provided for payment or in the performance of any covenant or agreement contained in the bill of sale and necessary for maintaining the security; (b) if the grantor becomes a bankrupt or suffers the chattels or any of them to be distrained for rent, property tax or otherwise; (c) if the grantor fraudulently either removes or suffers to be removed from the premises the chattels or any of them; (d) if the grantor does not without reasonable excuse upon demand in writing by the grantee produce to him his last receipts for rent and property tax; (e) if an enforcement order has been executed against the goods of the grantor under process of any court.[Act 25 of 2021 wef 01/04/2022] (2) All personal chattels seized or taken possession of under or by virtue of any bill of sale shall remain on the premises where they were so seized or taken possession of, and shall not be removed or sold until after the expiration of 5 clear days from the day on which they were so seized or taken possession of. (3) The grantor may within 5 days from the seizure or taking possession of any chattels on account of any of the abovementioned causes, apply to the General Division of the High Court, and the General Division of the High Court, if satisfied that by payment of money or otherwise the said cause of seizure no longer exists, may restrain the grantee from removing or selling the chattels and may make such other order as seems just.[40/2019]