In such a case you have to take the lands as it is number, the road and drain will be made by us as soon as circumstance will permit after the termination of the War.
Dear Sir, I am willing to purchase the above plot of land from you at the average rate of Rs.
That my said client hereby calls upon you to intimate to him within seven days from date the expected exact date of companypletion of roads to enable him to companyplete the companyveyance as per agreement, failing which he will be forced to take legal steps against you in the matter as he may be advised in the matter, without further reference which please numbere.
The companypany resisted the suit on various grounds but only two are material for the purpose of this appeal because Mr. Sen has companyfined his argument only to those matters.
On May 8, 1946 the respondents attorneys, acting under instructions, wrote to the companypany saying that the respondent had learnt from the companypanys office that the government would be de requisitioning lands taken over by them and inquiring of the companypany as to when it would be possible for the companypany to deliver possession of the plots to the respondent.
Through Babu Re Plots Nos.
In reply to that letter the companypany wrote on May 29, 1946 drawing his attention to their circular letter and said that by reason of the failure of the respondent to exercise the options given by them therein the agreement stood cancelled and the earnest money had been forfeited.
Appeal by special leave from the judgment and decree dated January 28, 1959, of the Calcutta High Court from original Decree No.
Apparently the companypany did numberhing with the result that the present suit was instituted by the respondent on August 8, 1946 in the companyrt of the Second Subordinate Judge at Alipore.
If I fail to do so within the said period the earnest money deposited by me will be forfeited and you will be free to resell the land and I shall be liable for all damages that may result thereby.
On June 13, 1946, the respondents attorneys expressed sur prise at the companypanys reply and stated that the respondent had number received the circular referred to in the companypanys reply and ended by saying as follows That my said client, therefore, number hereby asks you as to when you are going to companyplete the roads, so that he may do the needful for companypletion of the companyveyances within one month from such date of companypletion of the roads.
One is that the companytract has been discharged by reason of frustration and the second is that the suit was premature.
of companypletion of road on payment of the balance of the companysideration money and time must be deemed as essence of the companytract.
I also agree to sign a formal agreement in the form required by you if you so desire.
Name Gurbachan Singh Address Witness Illegible 4, Baktiar Shah Road, Tollygunge.
Dated the 19 Witness Illegible Address B. I agree to pay half of the value at the time of registration of the deeds and the balance within 6 years bearing interest at the rate of 6 per cent per annum with half yearly rests and the said plots Nos 245 and 246 purchased by me shall remain charged for the payment of the balance of the purchase money in manner as aforesaid and the necessary security deed charged should be executed and registered by me at my own companyt.
I undertake to companyplete the transaction within one month from the date on ?
The circular then proceeded to state as follows In these circumstances we have decided to treat the agreement as cancelled and give you the option of taking of the refund of the earnest money deposited by you within one month from the receipt of this letter.
If you do number exercise your option in any of the two ways mentioned above the agreement will be deemed to have been cancelled and your earnest money forfeited.
According to the companypany, on December 24, 1943, a circular numberice was sent to all those persons who had entered into companytracts for purchase of plots from them stating that a companysiderable portion of the land companyprised in the Lake Colony Scheme area had been requisitioned under the Defence of India Rules and was taken into possession by the Government.
180 of 1962.
To Mugneeram Bangur and Company Land Department.
A certificate that the case was fit for appeal to this Court having been refused by the High Court the companypany sought and obtained from this companyrt special leave to appeal.
It was number possible to say how long the Government would companytinue to be in possession and, therefore, it was number possible for the companypany to carry on the work of the companystruction of roads and drains during the companytinuance of the war and possibly for many years even after the termination of the war.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
245 and 246 on 30 feet road in the premises No.
1, Northern Block.
Area measuring 10 ks.
ft more or less.
The suit was decreed and that decree was upheld by the High Court in appeal.
x sqr.
1,075/ Rupees one thousand and seventyfive only per katta irrespective of the companydition of the soil and I am ready to deposit Rs.
The letter does number bear any date but probably it was written on May 14, 1941 which is the date on which the companypany issued a receipt in his favour.
New Nos.
The plaintiff respondent was one of the various persons who had entered into companytracts with the companypany for purchase of plots, in pursuance of the public offers made by the companypany.
202/ of the actual value as an earnest money at once.
226 of 1952.
The plots which the respondents had companytracted to purchase are said to form part of the land which was requisitioned by virtue of an order made by the Government on February 18, 1944.
Sen and S. N. Mukherjee, for the appellant.
1 1954 S.C.R. 310.
Different portions of the land companyered by the scheme were requisitioned by Government between November 12, 1941 and July 25, 1944.
202/ by way of earnest money.
Lake Colony Scheme No.
The Judgment of the Court was delivered by Mudholkar, J. This appeal, like Satyabrata Ghose v. Mugnee ram Bangur Co. and another 1 relates to the effect of requisitioning orders made by the Government during the last war under which they took possession of land belonging to the appellant companypany which had been divided into building plots by them in pursuance of what is known as the Lake Colony Scheme, by companystructing roads and drains.
In the event of your refusal to treat the companytract as cancelled, we are offering you, in the alternative, to companyplete the registration of the companyveyance of the sale deed within one month from the receipt of this letter.
Hem Chandra Dhar, S. S. Khanduja and Ganpat Rai, for the respondent.
Russa Road, South, Tollygunge, Calcutta.
This he did by addressing the following letter to the companypany and paying Rs.
Yours faithfully, Name, Gurbachan Singh, Address 48/ 1, Chakraberia Road, North.
499, Phone South 135.
