Hon’ble Supreme Court on damages in lieu of Specific Performance.
When the plaintiff by his option has made specific performance impossible, Section 21 does not entitle him to seek damages. That position is common to both Section 2 of Lord Cairn’s Act, 1858 and Section 21 of the Specific Relief Act, 1963. But in Indian Law where the contract, for no fault of the plaintiff, becomes impossible of per- formance section 21 enables award of compensation in lieu and substitution of specific performance. We, therefore, hold that the second contention of Sri Manoj Swarup is not substantial either.
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