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december 1964

Supreme Court of India · 1964-12-16

MUGNEERAM BANGUR & CO. vs SARDAR GURBACHAN SINGH

Citation / case number
SC 1962/255
Court
Supreme Court of India
Petitioner
MUGNEERAM BANGUR & CO.
Respondent
SARDAR GURBACHAN SINGH
Bench
MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that the contract for the purchase of land was not discharged by frustration due to government requisitioning, as the parties were aware of potential difficulties at the time of contract formation. The Court clarified that unless time is of the essence or performance is unlawfully delayed at the time it should have occurred, the contract remains valid. Additionally, the Court found that the suit for specific performance was not premature since the development work was completed before the appeal was heard, allowing the court to consider subsequent events in its decision.

MUGNEERAM BANGUR & CO. vs SARDAR GURBACHAN SINGH · Niyam