S. 12—contract Act (IX of 1872), S.55—Suit for specific performance of contract —Time essence of contract —Scope—Plaintiff filed suit for specific performance of contract on the basis of agreement to sell which was dismissed by Trial Court—Validity—Plaintiff had not paid a single penny at the time of agreement nor at the date fixed for performance of his part—No hurdle existed for performance of agreement on the last date for performance of agreement—Agreement to sell was defective being not signed by one of the alleged sellers and share of said seller was not specifically mentioned in the agreement—Time was essence of contract in circumstances—Plaintiff had withdrawn the amount deposited by him in the Trial Court, without permission of the court—Conduct of plaintiff did not entitle him to discretionary relief of specific performance—Appeal was dismissed accordingly.
Time Essence of the Contract Case Laws 2017 YLR 1046 LHC
