The specific performance of the contract for the sale of time as the essence of the Section 55 Special Relief Act (in 1877), the intention of the parties to balance the performance of the contract within two months after the period mentioned in the contract Refused to demand the money to perform the sale in favor of the plaintiff on the basis that despite his demands the plaintiff failed to pay the equilibrium costs, along with the trial court, and the appellate court, respectively, dismissed the case. Because of this the appellate court claimed that the plaintiff had a claim. The essence of the contract was not in this tune as it was willing to pay its share of the contract because the defendants first demanded the balance amount after the expiry of two months, in which case it was proved that the parties Was never intended. If the agreement was to be executed within two months, if in the present case, the agreement had to be made within two months, the defendant must have referred to the plaintiff before the expiry of the two months, so as to give notice to him. That the contract has to be done within the stipulated time, in which case the agreement was not the essence and the decisions passed by the two courts were set aside and ordered to proceed in favor of the plaintiff.
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