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Jayeshkumar Mathurbai Patel vs Mukeshbhai Vershibhai Desai on 27 April, 2022 Author: A. P. Thaker

exchange" deeds but also "agreements for sale" /executory contracts or "agreements for sale-cum-General Power of Attorney

having been articulated as under: "21. Ordinarily, parties to an executory contract are bound by the terms thereof. However, when one of the parties

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

amount to a criminal offence. Such an agreement is an executory contract of sale conferring no right in rem on the hirer until the transfer

circumstances in which the contract was made, altered. The Contract Act does not enable a party to a contract to ignore the express covenants thereof ... rates, on some vague plea of equity. The parties to an executory contract are often faced, in the course of carrying it out, with

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

circumstances in which the contract was made, altered. The Contract Act does not enable a party to a contract to ignore the express covenants thereof ... rates, on some vague plea of equity. The parties to an executory contract are often faced, in the course of carrying it out, with

Reddi 's case (supra). Once the respondent has pleaded an executory contract in the form of an oral 12 sale from

held that the purchaser who got into possession under an executory contract of sale in a permissible character cannot contend that his pos- session