In which of the following cases the Supreme Court held that quot In considering whether a person is ...........

Transfer of Property Act Transfer of Property

In which of the following cases, the Supreme Court held that: "In considering whether a person is willing to perform his part of the contract, the sequence in which the obligations under a contract are to be performed must be taken into account":

Perumal v Ramaswami.

Ram Prasad v Rain Mobil

Nathu Lal v Phoolchand.

Sant La! v Kamla Prasad.

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Explanation:

Nathu Lal v Phoolchand.

Citations: 1970 AIR 546, 1970 SCR (2) 854

(i)  In	 considering whether a person is willing to  perform
his  part  of  the  contract  the  sequence  in	 which	 the
obligations  under  a contract are to be performed  must  be
taken  into account.  By virtue of s. 4 of the	Transfer  of
Property  Act the chapters and sections of the	Transfer  of
Property  Act which relate to contracts are to be  taken  as
part  of the Indian Contract Act, 1872.	 If therefore  under
the terms of the contract obligations of the parties have to
be  performed in a certain sequence, one of the	 parties  to
the contract cannot require compliance with the	 obligations
by the other party without in the first instance  performing
his  own  part	of the contract which  in  the	sequence  of
obligation is performable by him earlier.