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AIR 1949 NAGPUR 286
Nagpur High Court
Contract Act (9 of 1872) , S.2, S.3— Resolution by certain bank - Under resolution land to be sold to plaintiff under 25 years' scheme - Plaintiff to execute kabuliyat every year in favour of bank - Date of commencement of lease not settled - Resolution not communicated to plaintiff - Suit by plaintiff for specific performance - Held in absence of communication there was no contract between parties - Condition regarding execution of kabuliat offended against provisions of S.21(g), Specific Relief Act
Specific Relief Act (1 of 1877) , S.21(g)—
A certain bank passed a resolution by which certain land belonging to the bank was to be sold to a person for Rs. 600 under a 25 years' scheme. The sale-deed was to be executed at the end of 25 years. The consideration for the sale was to be equated over that period. The land was, however, to be cultivated by the person and he was to execute a kabuliat in favour of the bank every year. No date for the commencement of the lease was settled. Before the passing of the resolution the Secretary of the Bank ascertained from the person whether he would purchase the land under the scheme and the latter showed his willingness. The resolution was not communicated to the person. In a suit for specific performance by the latter :
Held that (1) whatever transpired between the parties did not amount to a....
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