Site navigation

Which one of the following statements is correct in regard to a contract for sale of immovable property?

Under section 55 of the Indian Contract Act, 1872, time is of the essence only where the parties so intended. For contracts for the sale of immovable property, the Supreme…

Choose your answer

Which one of the following statements is correct in regard to a contract for sale of immovable property?

Select one answer
Answer and explanation

Correct answer C

Under section 55 of the Indian Contract Act, 1872, time is of the essence only where the parties so intended. For contracts for the sale of immovable property, the Supreme Court in Chand Rani v. Kamal Rani (1993) held that there is a presumption against time being of the essence, so "Time would not be regarded as the essence of the contract unless it is shown that the parties intended so". The parties can make time essential by clear terms, so it is neither always nor never of the essence.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic