ISSUE:
Whether a date was fixed for the performance of the contract?
RULE:
Parties incompetent to contract, cannot enter into contracts and if they do, it will be held to be void.
Category: CONTINGENT CONTRACT
ISSUE:
Whether the appellant is entitled to obtain refund of earnest money?
RULE:
Section 33 of the ICA states that Contingent contracts to do or not to do anything if an uncertain future event does not happen can be enforced when the happening of that event becomes impossible, and not before.
ISSUE:
Whether the agreement between the parties had been contingent on the appellant finding a suitable accommodation?
RULE:
The difficulty in getting the sale deed of the house registered was ex facie clear as the appellant was asked to execute the sale deed at a time when she had not obtained another suitable accommodation.