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Shanmugam Pillai and anr. Vs. Sankaramurti Mudaliar and anr. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtChennai
Decided On
Reported in(1900)10MLJ109
AppellantShanmugam Pillai and anr.
RespondentSankaramurti Mudaliar and anr.
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 district judge declines, for reasons which we think wrong, to give sanction. his reasons have no regard to the substance of the application but merely to the power of the court under the act (xx of 1868), for he holds that the institution being one. that comes under section 3 of the act, section 18 of the act does not apply.2. we think that the district judge has in effect declined to exercise a jurisdiction vested in him by law and, we must, therefore, set aside his order and direct him to reconsider the application on the merits.3. the district judge will deal with the costs.
Judgment:

1. The District Judge declines, for reasons which we think wrong, to give sanction. His reasons have no regard to the substance of the application but merely to the power of the Court under the Act (XX of 1868), for he holds that the institution being one. that comes under Section 3 of the Act, Section 18 of the Act does not apply.

2. We think that the District Judge has in effect declined to exercise a jurisdiction vested in him by law and, we must, therefore, set aside his order and direct him to reconsider the application on the merits.

3. The District Judge will deal with the costs.


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