MOTILAL ITCHHALAL GANDHI Vs. HAJI MOOSA HAJI MAHOMED

JUDGEMENT

(1.) The Board is at a considerable disadvantage in this case on account of the absence of the respondent. The case, however, has been explained with complete candour and fullness by Sir George Lowndes, on behalf of the appellant.

(2.) In the contract for the sale of this immoveable property, made in the month of February, 1919. there was a clause making the settlement and the payment of the price subject to the condition that time was of the essence of the contract. The negotiations, however, proceeded, and the parties entered into communication with regard to the furnishing of a title, requisitions were made and answered, and arrangements with the municipality, usual in Bombay, had to be come to so that the battaki announcements should be made in the district.

(3.) It is quite clear to their lordships that the time allowed for completion was far exceeded and the condition as to time being of the essence of this contract was, by the conduct of the parties, obliterated therefrom.