MARY vs STATE OF KERALA .

The Supreme Court ruled that under the Kerala Abkari Shops (Disposal in Auction) Rules, 1974, an auction purchaser can rescind the contract if circumstances beyond their control prevent them from executing the privilege. The Court held that the appellant's request for cancellation of the auction and refund of the deposit was valid due to the inability to operate the arrack shop amidst public resistance. Consequently, the Court set aside the High Court's order and directed the refund of the deposit amount of Rs.7,68,600/- along with interest.