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1996 Supreme(SC) 877

G.B.PATTANAIK, K.RAMASWAMY
His Holiness Acharya Swami Ganesh Dassji – Appellant
Versus
Sita Ram Thapar – Respondent


ORDER

This is an illustrious case of dilatory tactics by the petitioner who entered into the contract to purchase the land of 500 sq. yds. in the heart of the city of Delhi by agreement dated February 27, 1975. The hard fact is that the defendant was in dire need of money to celebrate his daughter s marriage on May 16, 1975. The agreement was that the draft sale deed should be finalised within seven days and sale deed registered. Time is, therefore, the essence of the contract in this case. The defendant insisted upon payment of consideration in cash. The respondent sent the approved draft sale deed immediately but the petitioner did not give final draft as contemplated by the agreement since he had to obtain the income tax clearance certificate which he did not obtain. Ext.5 and 9, the letters written by the respondent do clearly indicate that the respondent was always willing to have the sale deed executed but the petitioner delayed the execution of the sale deed on one pretext or the other. Petitioner did not give any reply to any of the two letters. The learned single Judge as also the Division Bench of the High Court have in extenso gone into the evidence and found that the pe







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