performance of the contract. He could have proved that the doctrine of frustration of the contract fails because the supervening event which is said ... next question that arises is whether the doctrine of impossibility of performance or the doctrine of frustration can be applied to leases of immovable property
plea taken on behalf of the defendant-appellant that the doctrine of frustration is inapplicable to leases of immovable property was repelled.
6. Under ... English common law the doctrine of frustration operates to excuse further performance of the contract "where (1) it appears from the nature
account of
illegality committed by the appellant therein. Therefore, the 'Doctrine of
Frustration' applies to the facts of these cases. Applying the principles ... doctrine of frustration', the Karnataka High Court affirmed the Arbitral
Award and the SLP filed by the SouthWestern Railway was also dismissed
questions have been referred to this Full Bench:
(1) Whether the doctrine of frustration applies to a contract of lease of agricultural land ... doctrine of frustration applies to
such leases, on whom should the loss fall, i.e., on
the lessor or the lessee?
2. The circumstances, which
performance of the contract. He could have proved that the doctrine of frustration of the contract fails because the supervening event which is said ... next question that arises is whether the doctrine of impossibility of performance or the doctrine of frustration can be applied to leases of immovable property
Contract Act (IX of 1872), s. 56- Agreement to sell
land-Doctrine of frustration- Applicability-Doctrine whether
applicable in India- Scope of s. 56 Impossible ... land-Buyer's rights-English and Indian
law.
HEADNOTE:
The doctrine of frustration is really an aspect or part of
the law of discharge
CITATOR INFO :
R 1971 SC1756 (8)
ACT:
Contract Act , s. 56-Doctrine of frustration, if applies, to
leases of agricultural land.
HEADNOTE:
The appellant obtained ... High Court of Punjab reversed the
decree holding that the doctrine of frustration of contract
did not apply to leases of immovable property and that
Judges and jurists in England regarding the juridical basis of the
doctrine of frustration, yet the essential idea upon which the
doctrine is based ... while
considering the doctrine of frustration of contract. Impossibility and
frustration are used as interchangeable expressions. The principle of
frustration is an aspect
whatever that may be, so far as our country (sic), the doctrine of frustration has been applied to leases from a very long time. According ... Pershad Singh v. Campbell reported in ILR 7 Cal 474. The doctrine of frustration was also considered by Sir Ashutosh Mukherjee in a case between
pointed out by the learned counsel for the
Claimant, the doctrine of frustration is an exception to the
sanctity, inviolability and enforceability of contracts ... Emphasis supplied)
7. Submissions on behalf of the petitioner
7.1. The doctrine of frustration as enacted in Section 56 of the
Contract
