MUSSA MAHOMED Vs. MOTILAL ITCHALAL

JUDGEMENT

(1.) The plaintiff filed this suit for specific performance of an agreement, dated the 27th February 1919, whereby the defendant agreed to sell to the plaintiff certain immoveable property in Bombay for Us. (sic)5,000. Clause 3 of the agreement was as follows:- The purchaser shall pay the balance of the purchase money within three months from the date hereof time being of the essence of the contract on the execution by the vendor and by all other necessary parties (if any whom the vendor agrees to procure to join in the execution) of the conveyance of the said hereditaments, etc.

(2.) Whatever may have been the effect of that clause in the agreement, it is now admitted that the parties agreed that the time for completion of the contract should be extended beyond the three months mentioned in that clause. It must also be admitted that there was considerable delay on both sides in preparing requisitions for title, in answering the requisitions and in the preparation and approval at the draft conveyance.

(3.) On the 23 August 1919 the defendant's solicitors wrote:- We extremely regret to note that we have not yet received the engrossment of the conveyance for our comparison. Requisitions on title were answered long ago. Your client had inspection of the trust deed, and they have been satisfied on all the points. Our client has waited sufficiently long for completion.