In Brief
The plaintiff purchased land from five co-owners under a 1989 agreement, paid the full price, took possession, and built three shops. In 1991, the sellers executed a gift deed to a third party to defeat the plaintiff's rights. The plaintiff sued for specific performance and won in both trial and appellate courts. However, during the second appeal, the government acquired the land and awarded compensation to the third-party defendant (who now had no legal right to it). The High Court modified the decree to order mere refund of the purchase price. The Supreme Court held that when land acquisition renders specific performance impossible through no fault of the plaintiff, Section 21 of the Specific Relief Act permits awarding land acquisition compensation in lieu of performance. The Court awarded Rs. 10 lakh to the plaintiff's heirs from the acquired compensation, with the remainder payable to the original sellers."
The lawyer headnote and full judgment text are available to registered users.