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.