BASAVANTAPPA Vs. IRAPPA(D) BY LRS. & ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 14365 of 2015, Judgment Date: Dec 11, 2015

                                                              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 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.

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;
11th December, 2015.