Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2009 (7) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (7) TMI 1029 - SC - Indian LawsWhether there had been a novation of contract or whether the plaintiff was ready and willing to perform his part of contract, as is required under Section 16(c) of the Specific Relief Act? Held that:- Appeal allowed. Contention of Mr. Venugopal that the defendant having accepted novation of contract but only the quantum of the amount being different, the court could have asked the plaintiff - respondent to deposit a further sum of ₹ 24,000/- cannot be accepted for more than one reason. Apart from the fact that such a contention had never been raised before the appellate court, keeping in view the finding of fact arrived at that there had in fact been no novation of contract, such a course of action was not open. In any view of the matter, the same would amount to re- appreciation of evidence which was beyond the review jurisdiction of the High Court. It is open to the plaintiff - respondent to file an appropriate application for recovery of such amount or amounts which he might have expended towards renovation of the building, which may be considered on its own merits.
|