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Seetha Lakshmi Ammal Vs. Srinivasa Iyenger and anr. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtChennai
Decided On
Reported in(1906)16MLJ412
AppellantSeetha Lakshmi Ammal
RespondentSrinivasa Iyenger 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. moore, j.1. the decree will be modified and it will be declared that the debt is to be paid out of the income derived from the trust property. if not so recovered, the plaintiff can recover it personally from the second defendant, as it appears that he was in management from may to december 1903, i.e., during the time that the firewood was supplied. there will be no order as to costs.
Judgment:

Moore, J.

1. The decree will be modified and it will be declared that the debt is to be paid out of the income derived from the trust property. If not so recovered, the plaintiff can recover it personally from the second defendant, as it appears that he was in management from May to December 1903, i.e., during the time that the firewood was supplied. There will be no order as to costs.


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