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Kuppusami Mudaliar Vs. Doraisami Mudaliar and ors. - Court Judgment

LegalCrystal Citation
SubjectContract
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1125
AppellantKuppusami Mudaliar
RespondentDoraisami Mudaliar and ors.
Excerpt:
contract - agreement to transfer documents or pay money within a fixed period--whether time essence of contract--mercantile contracts. - 1. we are of opinion that the time was not of the essence of the stipulation that the bonds and decree should be transferred to the 1st plaintiff. we do not think that the mere fact that the first defendant was either to transfer the bonds, etc., in two months or pay the amounts due under them; shows that time was the essence of the contract. the cases to which we have been referred are cases of mercantile contracts in which prima facie time is of the essence of the contract. if the first defendant has, in fact, executed and produced in court the necessary transfers as he alleges, we think the transfer should be accepted.2. we, therefore, reverse the order of the district judge and remand the petition for disposal according to law. costs will abide the event.
Judgment:

1. We are of opinion that the time was not of the essence of the stipulation that the bonds and decree should be transferred to the 1st plaintiff. We do not think that the mere fact that the first defendant was either to transfer the bonds, etc., in two months or pay the amounts due under them; shows that time was the essence of the contract. The cases to which we have been referred are cases of mercantile contracts in which prima facie time is of the essence of the contract. If the first defendant has, in fact, executed and produced in Court the necessary transfers as he alleges, we think the transfer should be accepted.

2. We, therefore, reverse the order of the district Judge and remand the petition for disposal according to law. Costs will abide the event.


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