Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 12, 22 & 54---Contract Act (IX of 1872), S. 55---Suit for specific performance of contract and permanent injunction---Time as essence of contract---Execution of agreement of sale was not denied by the vendor/defendant, but it was pleaded that time was of the essence of the contract and that on account of passage of time said agreement was rendered ineffective and that was not capable to be enforced in law---Trial Court dismissed suit and appeal filed against dismissal order was also dismissed by the Appellate Court, and plaintiff/vendee had filed second appeal---Validity---Defendant/vendor had accepted earnest money and it was agreed that the remaining amount would be paid by the specified date---Agreement arrived at between the parties, provided for no penalty that in case of non-performance of the contract by the plaintiff/vendee the amount would be forfeited and parties only intended to perform their part of contract within reasonable time---From the bare perusal of agreement, it was crystal clear that time could not be treated to be essence of the contract---Discretion exercised under S.22 of the Specific Relief Act, 1877, should never be arbitrary and where it had been found that the suitor was not at fault, discretion could not be exercised to the disadvantage of the plaintiff---No evidence was available on record of unimpeachable character to dislodge the claims of the plaintiff---It was imperative upon the defendant to give the plaintiff notice under S.55 of the Contract Act, 1872, but to make the agreement of sale, essence of the contract, no notice whatsoever was issued---Necessary implication from above contentions would be that the parties intended to perform the contract within reasonable time and time was not essence of the contract---Claim of defendant and the plea put forward to defend the suit was wholly unjustified---Plaintiff had every right to get the agreement of sale performed through civil court---Both the courts below had fallen in error and committed illegalities ad infinitum in non-suiting the plaintiff on the grounds, which were non-existent---Impugned and decrees of the court below were…

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