Bank draft as valid tender of sale consideration upheld, and specific performance decree left undisturbed.

A bank draft tendered at the time fixed for registration was treated as effective payment equivalent to cash-in-hand for the contractual obligation to pay the balance sale consideration. The vendor's refusal to accept the draft was held to constitute breach of the agreement, and the decree for specific performance was left undisturbed because no manifest error of law was shown. The contention that payment by bank draft did not satisfy the agreement was rejected.

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Issues: Whether tender of the balance sale consideration by bank draft satisfied the contractual obligation to pay cash at the time of registration, and whether interference with the decree for specific performance was warranted.

Analysis: The courts below had concurrently found that the purchaser presented a bank draft for the balance consideration at the time fixed for registration and that the vendor refused to accept it. A bank draft was treated as an effective mode of payment equivalent to cash-in-hand for satisfying the contractual obligation. On that basis, the refusal to accept the draft amounted to breach of the agreement by the vendor, and no manifest error of law was shown in the decree for specific performance.

Conclusion: The contention that payment by bank draft did not amount to payment of consideration in terms of the agreement was rejected, and interference with the decree for specific performance was declined.

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