Mere stipulation in a contract laying down the time for performance is not sufficient

Specific Relief Act Section 16(c) Specific Performance - Mere stipulation in a contract laying down the time for performance is not sufficient to make time the essence of a contract for sale of immovable property and a party cannot by his unilateral act make time the essence unless it is proved that other party had defaulted and/or delayed in the performance of his part of the contract and such delay is to be gross - Whether parties to a contract has made the time as essence of a contract shall be inferred from the nature of the contract and surrounding circumstances - Section 63 of Contract Act provides that every promisee may extend time for performance of contract. [Paras 21 to 25]

Gouri vs Jyotsna CA 2/22 12/12/22 [ Partha JJ ]

[ CALCUTTA HIGH COURT ]