This appeal by special leave which is directed against the judgment and decree dated January 29, 1968, of the High Court of Judicature at Bombay involves a question of the applicability or otherwise of the doctrine of frustration embodied in section 56 of the Contract Act which to use the words of Viscount Maugham in Joseph Con stantine Steamship Line Limited vs Imperial Smelting Corpo ration Ltd. (1) "is only a special case of the discharge of contract by an impossibility of performance arising after the contract was made" or to use the language of Mukherjea, J. in Satyabrata Ghose vs Mugneeram Bangut & Co. & Anr.(2) "is really an aspect or part of the law off discharge of contract by reason of supervening impossibility or illegali ty of the act agreed to be done and hence becomes within the purview of section 56 of the ." The facts giving rise to this appeal lie in a short compass and may be briefly stated: The respondents who are the owners of four plots of agricultural land admeasuring 7 acres and 13 gunthas and a bungalow standing thereon situate in village Majwade, near Pokhran Talao Road, Thana, having bought the same from Homi D. Dubash under a sale deed dated September 9, 1953 agreed to sell the same to the appellants in lieu of Rs. 25,000/ vide agreement dated May 16, 1957, relevant clauses whereof provided as follows : "5.