URMILA DEVI AND OTHERS versus THE DEITY, MANDIR SHREE CHAMUNDA DEVI, THROUGH TEMPLE COMMISSIONER AND OTHERS

URMILA DEVI AND OTHERS versus THE DEITY, MANDIR SHREE CHAMUNDA DEVI, THROUGH TEMPLE COMMISSIONER AND OTHERS

Where decree for specific performance is rendered incapable of execution due to acquisition proceedings, compensation entitled through the acquisition process shall be awarded to the party who was entitled to specific performance, with exception for expenditures and equitable distribution.

Parties
Appellant: Urmila Devi and Others; Respondent: The Deity, Mandir Shree Chamunda Devi, Through Temple Commissioner and Others
Jurisdiction
India
Judgment Date
10 January 2018
Procedural Posture
Civil Appeal / Supreme Court Appellate Judgment
Outcome
Appeal partly allowed; High Court decree modified.
Legal Topics
Specific Performance, Compensation, Land Acquisition
Property Law Contract Law Specific Performance Compensation Land Acquisition

Case Brief

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Parties

Urmila Devi and Others

Appellant

The Deity, Mandir Shree Chamunda Devi, Through Temple Commissioner and Others

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether the appellants are entitled to compensation consequent to land acquisition when decree of specific performance becomes unexecutable.
  2. 2 Whether the gift deed executed was null and void; entitlement to compensation awarded under the Land Acquisition Act.

Ratio Decidendi

Where decree for specific performance is rendered incapable of execution due to acquisition proceedings, compensation entitled through the acquisition process shall be awarded to the party who was entitled to specific performance, with exception for expenditures and equitable distribution.

Court Disposition

Appeal partly allowed; High Court decree modified.

Orders

  • Compensation of Rs.10 lakh awarded in favour of appellants out of compensation received for acquisition of the suit land.
  • Remaining compensation, if any, for land and shops to be paid to respondent Nos.2 to 6 (land owners) after deducting Rs.10 lakh.