VidhiSangh

Supreme Court of India · 07/10/2025

PREM AGGARWAL versus MOHAN SINGH & ORS.

[2025] 10 S.C.R. 395 · 2025 INSC 1214

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Summary

After the Supreme Court had dismissed the appellant's suit for specific performance as barred by Order II Rule 2 CPC but awarded him Rs. 2 crores in lieu of Rs. 25,000 earnest money, the appellant refused the tender and resisted execution to keep possession of the ground floor. The Court upheld the issue of warrants of possession with police assistance, holding that a purchaser whose possession rested only on the failed agreement to sell cannot both keep possession and take the compensation, and dismissed the appeal with costs of Rs. 10 lakhs.

Issues

  1. Whether the appellant, whose suit for specific performance had been dismissed with an award of Rs. 2 crores in lieu of earnest money, could resist delivery of possession in execution.
  2. Whether the appellant could invoke Section 53-A of the Transfer of Property Act, 1882 and insist that the respondents file a separate suit for possession.
  3. Whether the omission in the earlier judgment to direct handing over of possession could be used by the appellant to retain possession.

Provisions considered

Held

Result

Appeal dismissed with costs of Rs. 10,00,000 payable by the appellant to the respondents within four weeks, failing which interest at 12% per annum; proof of payment within six weeks, else the Registry to list the matter.

Judgment PDF: Supreme Court of India, [2025] 10 S.C.R. 395.