Walajapet Rajammal Vs. King-emperor - Court Judgment
|Reported in||12Ind.Cas.653; (1912)22MLJ44|
- 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. no appeal lies in this case. the word trial' in clause 15 of the letters patent includes appeal, vide clause 30 of the letters patent of this court. the appeal is rejected.
1. No appeal lies in this case. The word trial' in Clause 15 of the Letters Patent includes appeal, vide Clause 30 of the Letters Patent of this court. The appeal is rejected.