Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.14365 OF 2015
(Arising out of SLP(C)No.29373/2012)
BASAVANTAPPA ... APPELLANT(S)
VS.
IRAPPA(D) BY LRS. & ORS. ... RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Leave granted.
2. The only issue is with regard to payment of the
amount which had been paid by the appellant to the
respondents at the time of entering into an agreement to
JUDGMENT
purchase the property in question.
3. In view of the fact that the suit filed by the
appellant for specific performance had been dismissed on
the ground that the respondents did not have title, the
respondents must repay the amount received by them from the
appellant. The amount shall be returned within two months
from today with simple interest @9%.
4. Intimation of this order be served upon the
respondents.
Page 1
5. The appeal is allowed. Pending application, if any,
stands disposed of. There shall be no order as to costs.
..............J.
[ANIL R. DAVE]
..............J.
[ADARSH KUMAR GOEL]
New Delhi;
th
11 December, 2015.
JUDGMENT
Page 2