K SAROJAMMA Vs. SHLVANNA

JUDGEMENT

(1.) THE plaintiff challenges the dismissal of his suit for specific performance of contract of sale in the second appeal. The Courts below have concurrently held that in the contract, time is construed to be the essence. The contract was dated 30-11-1989 and the suit was filed on 3-12-1993. For want of readiness and willingness on the part of the plaintiff, the suit was dismissed by the Courts below on this ground.

(2.) I have perused the true copy of the agreement furnished to me by the learned Counsel for the appellant. The relevant clause is extracted below:

(3.) A reading of this clause clearly shows that the party intended time to be the essence of the contract. Reliance was placed by the Counsel for the respondent in Smt. Chand Rani (since deceased) by L. Rs v Smt. Kamal Rani (since deceased) by L. Rs, on the following passage: