Ismalevai Markar vs Kather Saibo – clr volume 2 page 049_2

In the case between Ismalevai Markar (Plaintiff) and Ka-ther Saibo (Defendant), the court addressed the enforceability of a land sale agreement conditioned upon early redemption of a mortgage not permitted under the mortgage’s express terms. It was held that an agreement to sell land, where the property was subject to a mortgage with a fixed three-year period, could not be enforced if the mortgagee lawfully refused to allow redemption before maturity. Both the plaintiff and defendant were taken as having constructive notice of these terms, and the defendant was not under a legal obligation to secure the mortgagee’s consent to early redemption. The principle reaffirmed was that contractual obligations contingent on third-party consent cannot be enforced when the third party is legally entit