D. N. Wijetunga vs T. C. Amarasekera – SC APPEAL NO 89/2018-2025

The court addressed the issue of contractual performance and waiver in a property sale agreement. It was determined that an extension of time for performance until 31.07.1977 had been validly granted and that the evidence established that time remained of the essence. The findings established that the Respondent’s failure to perform within the extended deadline precluded specific performance and entitled the Appellant to eject the Respondent and claim liquidated damages, reaffirming the principle that a party’s conduct in extending time does not operate as a waiver of contractual rights. The decision relied on Roman-Dutch law, evidentiary rules under the Evidence Ordinance and the Civil Procedure Code, and relevant precedents concerning the strict requirement of timely performance.

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