Time will be essence of contract in suit for specific performance of contract

Though it was sought to be urged on behalf of the plaintiffs that the agreement being one for sale of immovable property, the time was not the essence of the contract and therefore the plaintiffs waited till 25.09.2006 for filing the suit for specific performance, that contention cannot be accepted. Once it is found that in view of a specific date being mentioned in the agreement for execution of the sale-deed, the limitation would be governed by the First Part of Article 54 of the Act of 1963, the question as to whether time was the essence of the contract is irrelevant and the same is not required to be considered. Reference in that regard can be usefully made to the decision in Sumerchand Hukumchand & Others Versus Hukumchand Mathurdas & Others [MANU/MP/0049/1965 : 1965 MP.L.J. 829] wherein it has been held that the question as to whether time is the essence of the contract is not at all relevant for determining whether the First or the Second Part of Article 113 of Limitation Act, 1908 would apply to a particular case. The only material consideration is that when the parties have agreed to complete the transaction on a particular date specified, the limitation would be governed by the First Part of Article 54 of the Act of 1963.

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Second Appeal Nos. 457 and 458/2015

Decided On: 03.09.2018

 Arvind  Vs. Baba Jasbirsing Kalsi and Ors.

Hon'ble Judges/Coram:

A.S. Chandurkar, J.

Citation: 2019(2) MHLJ 601