Specific Performance

Law & Behold

May 31 2021 • 13 mins

Where the contract for no fault of the plaintiff becomes impossible, Section 21 of Specific Relief Act, 1963 enables award of compensation in lieu and substitution of the specific performance. So far as the determination of the amount of compensation, it has been held that the compensation awarded under the Land Acquisition Act may safely be taken to be the measure of damages subject, of course, to the deduction therefrom of money value of the services, time and energy expended by the original land owner in pursuing the claims of compensation and the expenditure incurred by him in the litigation culminating in the award. Tune in as we discover how this principle played out in case of Ajit and Sukhbir.

Cause Title: Sukhbir v. Ajit Singh

Case Number: Civil Appeal 1653 of 2021

Court: Supreme Court

Citation: LNIND 2021 SC 155

Link to Judgment: https://drive.google.com/file/d/1sl8ZiqUzoWoNiierVKoJ6Oy4eYmb-tmY/view?usp=sharing

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