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Murugappa Asari Vs. Santhiammal - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1908)18MLJ198
AppellantMurugappa Asari
RespondentSanthiammal
Excerpt:
- 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. 1. the respondent does not appear. the decision which is relied on as operating as res judicata, itself provides that the present plaintiff shall be at liberty to sue for the recovery of the land in question after the issue of the sale-certificate. the decree is quite irregular in form, but having regard to this special provision, we do not think it operates as res judicata.2. the decrees of the lower courts must be set aside and the suit remanded to the court of first instance for disposal according to the law.3. costs hitherto incurred will abide the event.
Judgment:

1. The respondent does not appear. The decision which is relied on as operating as res judicata, itself provides that the present plaintiff shall be at liberty to sue for the recovery of the land in question after the issue of the sale-certificate. The decree is quite irregular in form, but having regard to this special provision, we do not think it operates as res judicata.

2. The decrees of the lower Courts must be set aside and the suit remanded to the Court of First Instance for disposal according to the law.

3. Costs hitherto incurred will abide the event.


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