https://www.taxtmi.com/caselaws?id=272863 A fixed completion date in an agreement for sale of immovable property does not automatically make time the essence unless the parties clearly intend it, and a notice demanding refund may amount to an unequivocal repudiation. The purchaser was entitled to rescind where the vendor could not perform as required. A vendor must also show a marketable title free from reasonable doubt; pending proceedings under the Estates Abolition law created serious uncertainty and justified refusal of specific performance. The court therefore upheld refund of the earnest money with costs. en-us Mon, 16 Mar 1964 00:00:00 +0530 Mon, 21 May 2018 18:23:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=272863 A fixed completion date in an agreement for sale of immovable property does not automatically make time the essence unless the parties clearly intend it, and a notice demanding refund may amount to an unequivocal repudiation. The purchaser was entitled to rescind where the vendor could not perform as required. A vendor must also show a marketable title free from reasonable doubt; pending proceedings under the Estates Abolition law created serious uncertainty and justified refusal of specific performance. The court therefore upheld refund of the earnest money with costs. Case-Laws Indian Laws Mon, 16 Mar 1964 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=272863