TMI Blog1996 (4) TMI 510X X X X Extracts X X X X X X X X Extracts X X X X ..... s by the petitioner who entered into the contract to purchase the land of 500 sq. yds. in the heart of the city of Delhi by agreement dated February 27,1975. The hard fact is that the defendant was in dire need of money to celebrate his daughter s marriage on may 16, 1975. The agreement was that the draft sale deed should be finalized with in seven days and sale deed registered. Time is, therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sary cash for payment of the amount. The petitioner has produced before the Division Bench by way of additional evidence, his account to show that he has got one lakh and odd. Even that fell short of the required amount. What is material in this case is that the respondent was in dire need of cash to calebrate the marriage of his daughter. The petitioner did not offer ash to the respondent. Und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sale deed to the defendant within 7 days of the execution of the agreement, i.e., by 27.2.1975. The draft sale deed was not returned after being duly approved by the petitioner. The factum of readiness and willingness to perform plaintiff s part of the party and the attending circumstances. The court may infer from the facts and circumstances whether the plaintiff was ready and was always ready a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in considering this aspect of the matter. We find no force in the contention. The essential term of the contract is executing the sale deed with in stipulated period. He did not perform his part of the contract within stipulated time. The High Court was right in refusing to enforce the contract. It being discretionary remedy the High Court has exercised sound judicial discretion to the relief of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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