KARSANDAS PURSHOTTAMDAS Vs. GOPALDAS TRIKAMJI

JUDGEMENT

(1.) The plaintiff filed this suit on January 7, 1921, claiming Rs. 25,000 with interest.

(2.) The defendant filed his written statement on February 19, 1921, in which ho pleaded that the plaintiff had no right to make time of the essence of the contract; that the time given under the notice was unreasonably short; that really the plaintiff had no right to specific performance until the Improvement Trust gave a completion certificate and executed a lease; that the plaintiff was aware of the disputes between him and the sub-lessees; that he was responsible for the delay which was due entirely to the conduct of the sub-lessees and to official routine of the Improvement Trust and that the plaintiff was not entitled to a return of the deposit money and to the costs, charges and expenses in connection with the agreement. Be also counter-claimed that the plaintiff should be required to specifically perform the agreement, and to pay the balance of the purchase money with interest at nine percent, from October 29, 1920.

(3.) The suit came on for hearing on February 22, 1923, and the learned trial Judge delivered his judgment on March 5, 1923. Until then the lease by the Improvement Trust was not executed. The completion certificate was issued by the Trust Architect on December 2, 1922, and the last letter dated February 14, 1923, (Exhibit 140) shows that by that time the draft was nearly ready.