Supreme Court of India · 1991-11-25
JAGDISH SINGH vs NATTHU SINGH
- Citation / case number
- SC 1991/76332
- Court
- Supreme Court of India
- Petitioner
- JAGDISH SINGH
- Respondent
- NATTHU SINGH
- Author
- M.N. VENKATACHALLIAH
- Bench
- M.N. VENKATACHALLIAH
Judgment text excerpt
The Supreme Court held that under Section 21(2), (4) & (5) of the Specific Relief Act, 1963, a court can award compensation in lieu of specific performance when the contract becomes impossible to perform without the plaintiff's fault. The Court clarified that the measure of compensation should follow Section 73 of the Indian Contract Act. Additionally, it ruled that the High Court has the authority to reappreciate evidence in second appeals if findings are vitiated by non-consideration of relevant evidence, thus modifying the High Court's decree for specific performance due to the acquisition of the suit properties by the State.