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Marudamuthu Nadan and ors. Vs. Srinivasa Pillai and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported in(1898)8MLJ69
AppellantMarudamuthu Nadan and ors.
RespondentSrinivasa Pillai and ors.
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. in accordance with the judgment of the full bench we must hold that the alienation is not binding on the plaintiffs.2. in the result, we set aside the decrees of the courts below and give judgment for plaintiffs for possession of the land sued for on their paying rs. 230 within three months from this date, failing which the suit will stand dismissed with costs throughout. if the payment is duly made, each party will bear their own costs throughout.
Judgment:

1. In accordance with the judgment of the Full Bench we must hold that the alienation is not binding on the plaintiffs.

2. In the result, we set aside the decrees of the Courts below and give judgment for plaintiffs for possession of the land sued for on their paying Rs. 230 within three months from this date, failing which the suit will stand dismissed with costs throughout. If the payment is duly made, each party will bear their own costs throughout.


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