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    <title>2011 (7) TMI 1293 - Supreme Court</title>
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    <description>Time was expressly made the essence of an immovable property sale agreement where the instalment schedule was fixed and punctual payment required; non-payment on the stipulated dates therefore justified cancellation and defeated specific performance. The purchaser&#039;s claim that payment was contingent on prior production of original title deeds and satisfaction about title failed because the contract placed the payment obligation first and did not make it conditional on earlier title verification. Allegations of fraud from non-disclosure of encumbrances were neither specifically pleaded nor proved, so no extension of time arose. No adverse inference followed from not examining the individual vendors where the transaction-handling representative gave evidence.</description>
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      <link>https://www.taxtmi.com/caselaws?id=194342</link>
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