Supreme Court of India · 1978-11-03
H.P GUPTA vs MANOHAR LAL AND ORS.
- Citation / case number
- SC 1976/61008
- Court
- Supreme Court of India
- Petitioner
- H.P GUPTA
- Respondent
- MANOHAR LAL AND ORS.
- Author
- V.D. TULZAPURKAR
- Bench
- V.D. TULZAPURKAR
Judgment text excerpt
The Supreme Court held that under Section 456(2) of the Criminal Procedure Code, the appellate or revisional court has the jurisdiction to order restoration of possession of immovable property at any time after the disposal of the appeal, provided it is done within a reasonable time. The Court clarified that the language of Section 456(2) is applicable when a trial court has failed to restore possession due to oversight or refusal, and that the limitation period for such orders does not apply to appellate courts. The Delhi High Court's interpretation was set aside, affirming the appellate court's power to restore possession post-appeal.