AIR 1938 BANGOON 367

Rangoon High Court

Hon'ble Judge(s): Roberts , C.J. AND Dunkley , J

(A) Sale - Price to be paid in one month - Acceptance by vendor of instalments - Right of recovering entire price within one month is waived - Time as essence of contract cannot be pleaded. Where in a contract for sale, the entire purchase price was to be paid within one month after the receipt of earnest money, and the vendor during that month accepted various instalments towards the purchase money, the vendor should be regarded to have waived his right for entire payment within one month and cannot plead time as essence of contract.(Para 367C2) (B) Transfer of Property Act (4 of 1882) , S.56(b)— Rights of vendee - Vendee prepared to pay price - Contract falling through - No default of vendee - Vendee entitled to recover price paid plus earnest money and also to have charge over property till recovery of his money. Where a vendee was in the process of paying the balance of purchase money and was ready to pay it all, and was asking for performance by the vendors of the contract which they had entered into with him, then the vendee is entitled to recover not only that part of the purchase price which he has already paid, but also those moneys which have been paid by him by way of earnest and which are repayable to him because the transaction h....