Valambal and anr. Vs. Logambal Ammal and anr. - Court Judgment
|Appellant||Valambal and anr.|
|Respondent||Logambal Ammal and anr.|
- section 16 (1) (c) :[tarun chatterjee & aftab alam,jj] ready and willing to perform-concurrent findings of fact on consideration of evidence on record that appellants-buyers were not ready and willing to perform terms and conditions of agreement for sale - buyers failing to pay balance consideration before agitating matter before supreme court held, concurrent finding cannot be interfered with.
section 20: [tarun chatterjee & aftab alam,jj] whether time is the essence of contract held, many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. .....been any assignment. the subordinate judge is directed to do so now and to dispose of valaiubal's application on the merits of the case. this petition is allowed with.....
1. It is impossible to uphold, the order of the Subordinate Judge in so far as Valambal is concerned. There is nothing in Section 258 of the Civil Procedure Code to warrant the conclusion arrived at by the Subordinate Judge that it is only when the decree-holder fails to certify under Section 258 that the judgment-debtor can apply under paragraph 2 of that Section. That paragraph gives her full liberty to apply as soon as she has paid the money and when she does so the Court is bound to enquire into the matter after issue of notice to the decree-holder and also, of course, to the assignee of the decree if it is alleged that there has been any assignment. The Subordinate Judge is directed to do so now and to dispose of Valaiubal's application on the merits of the case. This petition is allowed with costs.