Contract Performance on Demand: Key Legal Rules

bond that was contemplated, the agreement contained in P 1 was not one of which specific performance could be demanded. ... Held that, on the failure of the defendant to fulfil the contract, he had the option of paying the sum of Rs. 250 which was an alternative obligation and that the agreement was not one of which specific performance could be demanded. ... said, " was it intended that the plaintiffs should be entitled to a reconveyance on payment of the agreed sum, a penalty ....

2023 0 Supreme(AP) 975

A specific condition was incorporated in the Ex.A1 agreement in between both the parties that “10 months time was fixed for performance of contract”. ... After expiry of period of contract immediately after 2 months the first defendant issued a legal notice under Ex.A3 with a plea that the time is essence of contract and they are ready and willing to perform their part of contract. ... In Ex.A3 notice, the first defendant has demanded the plaintiffs ....

The same principle also applies where there is a contract with a condition precedent. The performance of the condition is excused where the other party has intimated that he does not intend to perform the contract, (Bank of China, Japan, and the Straits v. ... Was it intended that the plaintiffs should be entitled to a re-conveyance on payment of the agreed sum, a penalty of Rs. 450 being annexed to secure performance? ... If this is the case, the cont....

2025 0 Supreme(Ker) 2239

Thereafter, as demanded by the defendant, on 4.10.2005 the plaintiff advanced another Rs.75,000/- towards part of the sale consideration. The period of three months expired on 25.11.2008. ... The continuous readiness and willingness on the part of the plaintiff is a condition precedent to grant the relief of performance. If the plaintiff fails to either aver or prove the same, he must fail. ... As per the above agreement (Exhibit A1), the defendant agreed to sell 14 cents of property to the plaintiff fo....

2024 0 Supreme(Bom) 302

On account of inconsistency in the period specified for performance of the contract, the issue is whether time can be said to be the essence of contract in the facts and circumstances of the present case. ... A mere stipulation in a contract laying down the time for performance is not sufficient to make time the essence of a contract for sale of immovable property. ... From these two circumstances, it does not follow that any and every suit for specific perf....

It provided that if the defendant was unwilling or neglected to transfer the property on demand and" tender of the agreed sum within the stipulated period he should pay to the plaintiff a sum of Rs. 450 as a penalty. ... Was it intended that the plaintiffs should be entitled to re-conveyance on payment of the agreed sum, a penalty of Rs. 450 being annexed to secure performance ? ... A condition similar to condition 8 was considered in this case of Appuhamy v. de Silva (supra). ... H....

2025 0 Supreme(Ker) 2106

As per the terms of the contract, if the contract was not performed as agreed, it is to be treated as cancelled. The court found that the purchaser filed the suit for specific performance only in January 2006, after a long delay. Moreover, there was no prayer for return of the advance money. ... Therefore, the defendant also had some contribution in the non- performance of the contract. Moreover, in this case the defendant had not sustained any loss or damage because of the non-#HL_STA....

2024 0 Supreme(Mad) 139

Effect of acceptance of performance at time other than that agreed upon:- If, in case of a contract voidable on account of the promisor’s failure to perform his promise at the time agreed, the promisee accepts performance of such promise at any time other than that agreed, the promisee cannot claim ... The Sale Agreements in the present case clearly indicate the intention of the parties to treat time-bound performance as an essential condition....

2024 0 Supreme(MP) 596

, (1995) 5 SCC 115 , in which the Apex Court held that continuous readiness and willingness on the part of the plaintiff is a condition precedent to grant the relief of specific performance. ... From these two circumstances, it does not follow that any and every suit for specific performance of the agreement (which does not provide specifically that time is of the essence of the contract) should be decreed provided it is filed within the period of limitation notwithstanding the time-limits stipulated ......

High Court Malaya Kuala Lumpur

In Low Kar Yit, the option itself was made "subject to a formal contract to be drawn up and agreed upon by the parties". This condition that a formal contract must be agreed upon preceded any binding agreement. ... the "Subject to Contract" clause to be construed as an expression of the desire to formally record the agreed terms rather than a condition precedent to contract formation. ... of the formal document is not a pre-#HL_STAR....

2014 0 Supreme(Bom) 2526

Perusal of the recitals of the agreement shows that no time is fixed for performance of contract. It however does not mean that the agreement stipulated indefinite period for performance of contract. Section 46 of the Indian Contract Act, 1872 lays down that where, by the contract, a promiser is to perform his promise without application by the promisee and no time for performance is specified, the engagement must be performed within a reasonable time. Explanation thereto lays down that the question "what is a reasonable time", is, in each particular case, a question of fac....

2011 0 Supreme(Mad) 946

After the said payment, the first defendant's husband represented that he will get the signature from his wife, acknowledging the receipt of Rs.1,40,000/- and for delivery of possession. (v) On 12.01.2004, in the presence of the first defendant's brothers Shoukat Ali and Mr.Jaffarullah, the possession of the suit property was handed over to the plaintiff and in turn, he paid a sum of Rs.1,40,000/- to the first defendant's husband on 13.01.2004 in the presence of the first defendant's brother-in-laws Abdul Rahman and Mohamed Hasan. In the month of December 2003, when the plaintiff expressed h....

2009 0 Supreme(Jhk) 1262

If for any reason, the performance was not made within the period stipulated, then the decree holder ought to have sought for extension of the period from the trial court for making payment of the consideration amount and get the sale deed executed, from the same court which had passed the decree. It may be noted here that the court which had passed the decree, was the court of Sub-Judge-V whereas the execution proceeding has been filed in the court of Sub-Judge-IX apparently indicating thereby that both the courts were not one and the same. I find force in this ground and the arguments adva....

2009 0 Supreme(Jhk) 1253

If for any reason, the performance was not made within the period stipulated, then the decree holder •ought to have sought for extension of the period from the trial court for making payment of the consideration amount and get the sale deed executed, from the same court which had passed the decree. The decree was essentially for specific performance of contract in terms of the agreement entered into between the parties and the period of one month from the date of decree was stipulated for the performance of the contract. It may be noted here that the court which had passed ....

2009 0 Supreme(Jhk) 1258

The decree was essentially for specific performance of contract in terms of the agreement entered into between the parties and the period of one month from the date of decree was stipulated for the performance of the contract. I find force in this ground and the arguments advanced by the learned Counsel for the petitioner. If for any reason, the performance was not made within the period stipulated, then the decree holder ought to have sought for extension of the period from the trial court for making payment of the consideration amount and get the sale deed executed, from ....