Supreme Court of India · 2000-11-09
Gurdit Singh (Dead) Through Lrs. & Ors vs Nirmal Singh & Anr
- Citation / case number
- 2000 AIR SCW 4199
- Court
- Supreme Court of India
- Petitioner
- Gurdit Singh (Dead) Through Lrs. & Ors
- Respondent
- Nirmal Singh & Anr
- Bench
- A.P. Misra, N. Santosh Hegde
Judgment text excerpt
The Supreme Court held that under Section 144 of the Code of Civil Procedure, a party who has benefited from a decree that is later modified must restore the benefit to the other party. The Court found that the respondents had locus standi to seek restitution for the share of Gobind Mal, as they were purchasers from Ambi Bai, the widow of Gobind Mal. The Court reversed the High Court's decision, emphasizing that the obligation to restore possession arises from the modification of the decree, thereby allowing the respondents to reclaim their share of the property.