VidhiSangh

Supreme Court of India · 05/12/2017

REVANASIDDAYYA versus GANGAMMA @ SHASHIKALA & ANR.

[2017] 12 S.C.R. 52 · 2017 INSC 1171

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Summary

A purchaser placed in possession under a sale agreement later lost his specific-performance suit and appeal. In the owners’ separate possession action, the Court upheld recovery of the land and, using Article142, required refund of the admitted earnest money as well as restoration of possession within three months.

Issues

  1. What effect final dismissal of the purchaser’s specific-performance proceedings had on continued possession.
  2. Whether complete justice warranted refund of the admitted earnest money while enforcing possession.

Held

Result

Appeal disposed of with possession decree upheld and further directions: respondents to refundRs1,00,000 within three months, failing which6percent annual interest applies until payment; appellant to restore vacant possession within three months of the judgment.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 52.