provisions of Section 55 will apply to the case of executory
contract, that, is, where the sale deed has not been executed, is
clear from
essence of the contract. In fact, there is a
presumption against time being the essence of the
contract. This principle ... contract must be expressed in unequivocal
language.
20. ... Section 55 of the Contract Act which deals
with the consequences of failure to perform an executory
independent
agreement of sale. It is only executory contract but not a
concluded contract.
14. Though Ex.B1 was dated
suit property. In
terms of Section 17 of the Act, no contract for sale of the immovable
property can be enforced against ... obtained title to the suit property from the
Trust. The contract is executory on both sides.
(b) Turning to Section
suit property. In
terms of Section 17 of the Act, no contract for sale of the immovable
property can be enforced against ... obtained title to the suit property from the
Trust. The contract is executory on both sides.
(b) Turning to Section
