SUBRAMANIA MUDALIAR Vs. AMMAPET CO-OPERATIVE WEAVERS PRODUCTION AND SALES SOCIETY LTD. BY ITS PRESIDENT S. GOPALASWAMI MUDALIAR

JUDGEMENT

(1.) THE plaintiff is the appellant. He brought the suit for specific performance of an alleged contract to sell the building belonging to the respondent. The respondent is a co -operative society.

(2.) THE case for the plaintiff is this. In the end of January 1956 the defendant -society called for offers for the sale of the house. There were offers upto Rs. 2500. The plaintiff gave a petition for purchase for Rs. 2550. The Board lay its resolution No. 391 dated 3 -2 -1956 accepted the plaintiff's offer and authorised a sale deed to be executed by the president if the sale could be concluded before 2 -3 -1956.

(3.) IN appeal before me, the main contention of the appellant was that the time was not of the essence of the contract If the case has to be decided only on that point. I must agree with the contention of the appellant that in this case time cannot be said to be of the essence of the contract. I have only to refer to the decision in Jamshed Kodaram v. Burjorji Dhunjibhai,, I.L.R Bom 289 : (A.I.R. 1915 P.C. 83), to hold that in such a case of sales of land, that is of Immovable property, time is not normally to be considered as essence of the contract.