Supreme Court · 1977 INSC 37 · Decided 28 January 1977
Govind Prasad Chaturvedi v. Hari Dutt Shastri and Another
- Court
- Supreme Court of India
- Citation
- 1977 INSC 37 · [1977] 2 S.C.R. 877
- Case number
- CIVIL APPEAL No. 696/1971
- Decided
- 28 January 1977
- Bench
- A.N. RAY, M. HAMEEDULLAH BEG, P.S. KAILASAM (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 133(1); Contract Act
Headnote
B . Contract Act-contract relating to sale of immovable property -What is the normal presumption regarding stipulation of time-Whether presumption is dis­ placable-Whether the question of time being the essence ef a contract can be raised befor,, the HiJ?h Court for the first time in appeal. 24, 1964, for purchasing the suit property belonging to the latter. 'The terms C of the agreement provided that the appellant would get the sale deed executed upto May 24, 1964, and in case of his failure to do so, the earnest money paid by him to the respondent would stand forfeited. The sale
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