GOVIND PRASAD CHATURVEDI versus HARI DUTT SHASTRI AND ANOTHER

GOVIND PRASAD CHATURVEDI versus HARI DUTT SHASTRI AND ANOTHER

Time was not of the essence of the contract for the sale of immovable property. The appellant was always ready and willing to perform his part whereas the respondents evaded their responsibilities. The High Court erred in allowing the respondents to raise the issue of time being of the essence at the appellate stage without pleadings or trial issues. The trial court's decree for specific performance was correct.

Parties
Appellant: Govind Prasad Chaturvedi; Respondent: Hari Dutt Shastri; Respondent: Bhavbhooti Sharma
Jurisdiction
India
Judgment Date
28 January 1977
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree of the Allahabad High Court
Outcome
Appeal allowed
Legal Topics
Specific Performance, Sale of Immovable Property, Essence of Time in Contract
Contract Law Specific Performance Sale of Immovable Property Essence of Time in Contract

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Parties

Govind Prasad Chaturvedi

Appellant

Hari Dutt Shastri

Respondent

Bhavbhooti Sharma

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree of the Allahabad High Court

Legal Issues

  1. 1 Whether time was of the essence of the contract for sale of immovable property
  2. 2 Whether the appellant was ready and willing to perform his part of the contract

Ratio Decidendi

Time was not of the essence of the contract for the sale of immovable property. The appellant was always ready and willing to perform his part whereas the respondents evaded their responsibilities. The High Court erred in allowing the respondents to raise the issue of time being of the essence at the appellate stage without pleadings or trial issues. The trial court's decree for specific performance was correct.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside
  • Judgment and decree of the trial court restored