Sushila Devi AndAnr v. Hari Singh And Ors by Palak Agarwal at LexCliq

Sushila Devi AndAnr v. Hari Singh And Ors 1971 SCR 671

The appellants were legal village owners. In January 1947, for a term of three years, the previous owner called for tenders to take up the leased land. The tender of the respondents was approved and the earnest cash and protection for the rent payment were received. The tender information required that the lease deed should be registered by the lessee and that it would be the sole duty of the lessee to claim the possession. The village became a part of Pakistan due to the partition of India. For the respondents, it became impractical to go to the village either to farm the land or to collect the rent from those who were growing.No lease deed-was executed or enrolled. Under those conditions the respondents filed a suit claiming a decree for refund and losses. The lower courts held that the contract had become impossible of execution

In appeal to this Court held

:(1) The law of frustration as epitomized in section 56 of the Contract Act applies just to an agreement that is, an consent to lease, and doesn’t matter to leases.

(2)But in this case there was no lease. Since lease was to be for a time of three years it might have been truly made distinctly under a registered instrument, and thusly, there was just a consent to rent and not a lease. Such an understanding comes extremely close to s. 56 of the Contract act.

(3)The inconceivability thought about by section 56 isn’t restricted to something which isn’t humanly possible. If the execution of an agreement gets unreasonable or pointless having respect to the object and motivation behind the parties then it should be held that the presentation of the agreement became impossible. Be that as it may, the happening events should remove the very premise of the agreement and it ought to be of such a character that it strikes at the foundation of the agreement.

The respondents tried to rent the properties in the current case in order to appreciate the properties either by actually cultivating them or by sub-renting them to others.

Because of events that occurred, it became unlikely.

The lessor was not required to deliver the real possession of the properties under the terms of the agreement, but it was difficult for the respondents to either take possession of the properties or even receive rent from the growers due to the prevailing circumstances. The contract had now become impossible for success.

 

 

By Palak Agarwal at LexCliq

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