AIR 1971 SUPREME COURT 1756

Supreme Court Of India

(From : Jammu and Kashmir)*

Hon'ble Judge(s): K. S. Hegde, A. N. Grover , JJ

(A) Contract Act (9 of 1872) , S.56— Law of frustration embodied in the provision is not applicable to leases as it applies only to agreement. First Appeal No.1 of 1960 D/- 14-12-1964. (J. and K.), Reversed.AIR 1968 SC 1024, Rel. on. (Para 8) Once a valid lease comes into existence the agreement to lease disappears. It becomes a completed conveyance under which the lessee gets an interest in the property.(Para 8) When it is agreed to lease property for the period of three years a valid lease comes into existence only when the lease deed is registered. The deed if not registered within the agreed time there is only an agreement to lease which comes within the ambit of S. 56.(Para 9) (B) Contract Act (9 of 1872) , S.56— Impossibility contemplated by the provision is not confined to something which is not humanly possible. AIR 1954 SC 44, Rel. on.First Appeal No. 1 of 1960, D/- 14-12-1964, (J and K), Affirmed. (Para 11) If the performance of a contract becomes impracticable or useless having regard to the object and purpose the parties had in view then it must be held that the performanc....