Law:

Section:

Contract Act (IX of 1872)--- ----S. 55---Transfer of Property Act (IV of 1882), S.54---Sale of immovable property---Agreement to sell---Time as essence of contract---In case of agreement to transfer immovable property, the time was not normally the essence of the contract; however, where one or the other party would take such a, plea, then not only the wordings of the agreement, but attending circumstances were also to be considered to determine as to whether the parties intended time to be of the essence of the contract. JUDGMENT MAULVI ANWARUL HAQ, J.--- On 10-4-1999 the respondent filed a suit against the appellant. In the plaint, it was stated that the appellant is the owner of the property mentioned in para.1 of the plaint, which is in the form of a shop. He agreed to sell the suit shop to the respondent for a consideration of Rs.8,10,000. A sum of Rs.2,00,000 was paid as earnest and the receipt was acknowledged by the appellant while executing agreement,, dated 23-8-1998. According to the terms, Rs.1,00,000 were to be paid on 15-9-1998, another Rs.1,00,000 were to be paid on 15-10-1998 while the balance was to be paid upto 23-12-1998 whereupon the sale-deed was to be executed and registered in favour of the respondent. It is stated in the plaint that not only did the respondent pay the said further amount of Rs.2,00,000 but also on the demand of the appellant paid him Rs.90,000. Thus, leaving a balance of Rs.3,20,000. This amount was tendered for payment but the appellant sought extension of time and the parties agreed to complete the transaction by 11-1-1999. A second agreement was accordingly executed on 23-12-1998. According to the respondent, he was always ready and willing to perform his part of the agreement but the appellant has refused to do so. A decree for specific performance was accordingly prayed for. The appellant filed his written statement. He admitted the execution of agreement, dated 23-8-1998. However, he stated that the consideration was Rs.7,10,000 and similarly the amount of earnest paid was Rs.1,00,000. He also admitted the execution of the second agreement, dated 23-12-1998 and the receipt of the further amounts as alleged. He took…

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