Law:

Section:

Contract Act (IX of 1872)--- ----S.55---Specific Relief Act (I of 1877), S.12---Time as essence of contract---Suit for specific performance of contract---Notice for rescission of contract---Proof of notice---Scope---Contention of defendants was that plaintiff had failed to perform his part of contract and time was essence for the same---Suit was dismissed by the Trial Court---Validity---Ordinarily, time was not an essence of contract for transfer of immovable property but same could be an essence of contract if it was incorporated therein---Intention of the parties must be visible from the language of contract---No such intention of parties was found in the contract that time was an essence for the same nor such was mentioned in the contract---Terms of agreement with regard to time should be specific and any deviation from the time clause should entail penal consequences and same should not be compromised---Such could be ensured if on expiry of stipulated time vendee issued a notice for rescission of contract---In absence of such notice, it could not be assumed that vendee had treated the time clause as an essence of contract---Vendor was first party in the agreement whereas vendee was the second one---Defendants were bound to get the sale deed registered by receiving remaining consideration amount and for forfeiting advance money or cancelling the agreement refusal of vendee/plaintiff was necessary---Service of notice by the defendants showing willingness for registration of sale deed on expiry of date for proving refusal of plaintiff was necessary---Notice for rescission of contract after refusal by the plaintiff was necessary---No such notice was served upon the plaintiff for rescission of contract---Record with regard to presence of defendants before the Sub-Registrar had not been produced in accordance with the rules of evidence by exhibiting the same---Presence of vendors before the Sub-Registrar was to be proved by summoning of the same in the court but no such procedure had been adopted---Plaintiff had filed suit just one day after the expiry of date of maturity of agreement to sell---Evidence produced by the parties did not support the case pleaded by…

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