Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2000

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.

Gurdit Singh (Dead) Through Lrs. & Ors vs Nirmal Singh & Anr · Niyam