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august 1973

Supreme Court of India · 1973-08-03

N. L. DEVENDER SINGH & ORS. vs SYED KHAJA

Citation / case number
SC 1969/60267
Court
Supreme Court of India
Petitioner
N. L. DEVENDER SINGH & ORS.
Respondent
SYED KHAJA
Bench
BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court held that the jurisdiction to decree specific relief under Section 22 of the Specific Relief Act, 1877 is discretionary and cannot be curtailed merely by stipulating liquidated damages. The Court clarified that while the specified sum is evidence to consider, it is not conclusive in determining whether the presumption under Section 12 has been rebutted. The Court dismissed the appeal, affirming that the bar under Section 21 only applies when it is proven that monetary compensation is adequate, which must be assessed based on the facts of each case.

N. L. DEVENDER SINGH & ORS. vs SYED KHAJA · Niyam