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?
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
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
AILET PG
-
Madhya Pradesh Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision