JAGDISH SINGH versus NATTHU SINGH

JAGDISH SINGH versus NATTHU SINGH

Compensation can be awarded in lieu and substitution of specific performance when the contract becomes impossible to perform due to State acquisition of property, provided the impossibility is not caused by the plaintiff. Measure of compensation is by the standards of Section 73 of the Indian Contract Act and includes the compensation awarded in land acquisition proceedings less reasonable deductions for efforts and litigation expenses incurred by the defendant.

Parties
Defendant/appellant: Jagdish Singh; Plaintiff/respondent: Natthu Singh
Jurisdiction
India
Judgment Date
25 November 1991
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 5.4.1991 of the Allahabad High Court in Second Appeal No.3395 of 1978
Outcome
Decree modified
Legal Topics
Specific Performance, Compensation in Lieu of Performance, Evidence Appreciation in Appeal, Land Acquisition, Amendment of Pleadings
Contract Law Property Law Civil Procedure Specific Performance Compensation in Lieu of Performance Evidence Appreciation in Appeal Land Acquisition Amendment of Pleadings

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Parties

Jagdish Singh

Defendant/appellant

Natthu Singh

Plaintiff/respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 5.4.1991 of the Allahabad High Court in Second Appeal No.3395 of 1978

Legal Issues

  1. 1 Whether the High Court erred in reappreciating evidence in second appeal and disturbing concurrent findings of fact on readiness and willingness of the plaintiff.
  2. 2 Whether compensation can be awarded in substitution of specific performance when the properties have been acquired by the State during pendency of appeal.
  3. 3 Measure and quantum of such compensation under Indian law.

Ratio Decidendi

Compensation can be awarded in lieu and substitution of specific performance when the contract becomes impossible to perform due to State acquisition of property, provided the impossibility is not caused by the plaintiff. Measure of compensation is by the standards of Section 73 of the Indian Contract Act and includes the compensation awarded in land acquisition proceedings less reasonable deductions for efforts and litigation expenses incurred by the defendant.

Court Disposition

Decree modified

Orders

  • Decree awarding Respondent compensation in substitution of specific performance equivalent to entire amount of compensation determined for acquisition of suit properties including solatium, accrued interest and lawful payments, less Rs.1,50,000 to Appellant for services, time, litigation expenses and reconveyance...
  • If Appellant has received any compensation earlier, amount to be reduced accordingly; balance to Respondent.