NDLI: Sukhbir Vs. Ajit Singh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Specific Relief Act 1963: s.21
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Specific Relief Act, 1963: s.21 – Power to award compensation – Agreement to sell land – Plaintiff-purchaser paid Rs.31.5 lakhs out of Rs.32 lakhs – Failure on part of defendant to execute sale deed in terms of the agreement of sale – Suit for specific performance – During pendency of suit, land in question acquired under Land Acquisition Act – Trial court passed decree for specific performance directing defendant to execute sale deed on receiving balance consideration – First appellate court upheld the order of trial court – High Court held that plaintiff shall be deemed to have stepped into the shoes of the defendant-original land owner and shall be entitled to entire amount of compensation along with solatium and interest etc. owing to the acquisition of the land in question – On appeal, held: There are concurrent findings of fact recorded by all the courts below on the execution of the agreement to sell by the defendant in favour of the plaintiff; payment of Rs. 31.50 lakhs towards part sale consideration and the readiness and willingness of the plaintiff to pay the balance sale consideration of Rs. 50,000/ - – Therefore, as such, the plaintiff is entitled to the decree for specific performance – However, in view of the fact that before the final decree could be passed by trial court, the land in question came to be acquired and, therefore, plaintiff would be deemed to be in the shoes of the defendant and shall be entitled to the amount of compensation, determined and awarded under the Land Acquisition Act – Submission of defendant has no substance that as compensation was not specifically prayed by the plaintiff in the suit, the plaintiff shall not be entitled to any amount of compensation even considering s.21 of the Specific Relief Act – The decree for compensation is passed as an alternate decree and in lieu of the decree for specific performance – High Court rightly held that the plaintiff shall be entitled to the entire amount of compensation awarded together with interest and solatium – However, at the same time, the defendant-original land owner shall also be entitled to the deduction therefrom of money value of the services, time and energy expended in pursuing the claims of compensation and the expenditure incurred by him in the litigation culminating in the award
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2021 INSC 279
Petitioner	Sukhbir
Respondent	Ajit Singh
SCR	[2021] 4 S.C.R. 169
Judgement Date	2021-04-30
Case Number	1653

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