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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
R. M. JOSHI, J
Keshav S/o Madhavrao Dhumal – Appellant
Versus
Dnyandeo S/o Shamrao Rajput – Respondent
| Table of Content |
|---|
| 1. agreement of sale executed (Para 3) |
| 2. defendant's written statement (Para 4 , 5) |
| 3. defendant's contention on delay (Para 6) |
| 4. plaintiffs' support for judgment (Para 7) |
| 5. admission of appeal (Para 8) |
| 6. ownership of suit property (Para 9) |
| 7. time not essence of contract (Para 10 , 11) |
| 8. delay and laches (Para 12 , 13 , 14 , 15 , 16 , 17 , 19) |
| 9. appeal dismissed (Para 18) |
JUDGMENT :
1. Original Defendant in Regular Civil Suit No. 271/1977 has preferred this appeal under Section 100 of Code of Civil Procedure taking exception to the judgment and decree of specific performance of contract passed therein and confirmation thereof by First Appellate Court in Regular Civil Appeal No. 158/1985 by order dated 10.11.1981.
2. Parties are referred to as Plaintiffs and Defendant for the sake of convenience.
3. It is the case of the Plaintiffs that Defendant is the owner of the land bearing Survey No. 52 (New Survey No. 46) situated at Wagholi, Tq. Ausa. It is further averred that there was an agreement of sale executed between Plaintiffs and Defendant on 13.03.1964 whereby Defendant had agreed to sell land admeasuring 18 Acres 10 R from Survey No. 52 on payment of total consideratio
Time is not the essence of a contract for sale of immovable property unless expressly stated; mere delay does not bar specific performance if circumstances justify it.
Time is not generally considered the essence of contracts for the sale of immovable property; however, specific circumstances may necessitate its strict enforcement. A valid agreement can only be mod....
Time is generally not considered essence in immovable property contracts; refusal to perform requires consideration of readiness alongside equitable claims for refund.
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(1) Specific performance of agreement of sale –Alternative plea of refund of earnest amount and damage could not be bar to claiming decree for specific Performance of contract.(2) Specific performanc....
The plaintiff's failure to file the suit within the limitation period and to prove readiness and willingness to perform the contract resulted in dismissal of the specific performance claim.
Time is not automatically the essence of a contract unless expressly stated; the plaintiff's readiness and willingness to perform must be established.
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