Supreme Court · 1968 INSC 51 · Decided 1 March 1968
Raja Dhruv Dev Chand v. Harmohinder Singh & ANR.
- Court
- Supreme Court of India
- Citation
- 1968 INSC 51 · [1968] 3 S.C.R. 339
- Case number
- CIVIL APPEAL No. 407/1965
- Decided
- 1 March 1968
- Bench
- J.C. SHAH, V. RAMASWAMI, G.K. MITTER (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 56; Transfer of Property Act Section 108(e), 4
Headnote
Contract Act, s. 56-Doctrine of frustralion, if applies, to lease$ of agricultural land. The appellant obtained lease of a land in the undivided Punjab and carried on agricultural operations in it. Following the partition Of India and allotment of the t«ritory in which the lands were situate The appellant commenced an action for a decree for refund of the rent on the plea that the l'Onsideration for tbe lease failed, beoauSe the covenants of the lease had become impossible of performance as a fflluit of communal riots in that locality and the in­ ability of non·muslims to
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