Supreme Court · 1966 INSC 151 · Decided 2 September 1966
Gomathinayagam Pillai and ORS. v. Pallaniswami Nadar
- Court
- Supreme Court of India
- Citation
- 1966 INSC 151 · [1967] 1 S.C.R. 227
- Case number
- CIVIL APPEAL No. 1043/1965
- Decided
- 2 September 1966
- Bench
- K.N. WANCHOO, J.C. SHAH, R.S. BACHAWAT (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
D E F ff Contract, Act, 1872, s. 55-Tinie to be regarded as essence of contract -Conditions for-Speci{i:c performance-Whether decree can be granted unless party c/aim1'ng can show he was ready and willing at all times to perform his part. G and his son C, the first and second appellants, were the respondent on March 5, 1959, at a time when P, another son of G, was on trial for murder and the latter urgently needed funds for his defence. On that date, as against the total agreed price of Rs. 15, 106 the respondent paid them Rs. I 006 as an advance amount for which a receipt was
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