Supreme Court · 1991 INSC 315 · Decided 25 November 1991
Jagdish Singh v. Natthu Singh
- Court
- Supreme Court of India
- Citation
- 1991 INSC 315 · [1991] SUPP. 2 S.C.R. 567
- Case number
- CIVIL APPEAL No. 4916/1991
- Decided
- 25 November 1991
- Bench
- M.N. VENKATACHALIAH, S.C. AGRAWAL (2-judge bench)
- Outcome
- Modified
- Case type
- Civil
- Acts & sections cited
- CPC; Contract Act Section 73; Specific Relief Act Section 21(2), 21
Headnote
B Specific Relief Act, 1963: Section 21 (2), (4) & (5)-Proviso. Suit for specific performance-Acquisition of suit properties during the pendency of second appeal-Effect of-Nature of relief available to plaintiff-Power of Court to grant compensation-Held where the con- C tract becomes performance­ Measure of compensation is by the standards of Section 7 3 of the Contract Act--Scope of the Proviso explained-Distinction between Indian Law and English law discussed. Code of Civil Procedure, 1908: Section JOO . Second Appeal-High Court-Power to reappreciate evidence and
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