NDLI: Surinder Pal Soni Vs. Sohan Lal (d) Thru Lrs .

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Suit for specific performance Specific Relief Act substituting decree for specific performance with an order for refund s.28 execution proceedings 1963
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Specific Relief Act, 1963 (47 of 1963)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Specific Relief Act, 1963: s.28 – Suit for specific performance by appellant – Decree in respect of suit land except for land bearing 2 karnals – The appellant-decree holder and respondents-judgment debtors filed appeals challenging the order of trial court – Appellate court issued notice on the appeal and the application for stay filed by respondents while the appellant moved for execution of decree – Objections to the execution of decree filed by the respondents – Appellate court dismissed both the appeals – Objections by respondent were dismissed – Revision petition by respondents – High Court allowed the revision and directed refund of earnest money in substitution of the decree of specific performance holding that there was failure on part of appellant to deposit the balance of the sale consideration within a period of two months from the date of decree and as a consequence the decree was rendered inexecutable by virtue of provisions of s.28 of 1963 Act – On appeal, held: The doctrine of merger is founded on the rationale that there cannot be more than one operative decree at a given point in time – The said doctrine applies irrespective of whether the Appellate Court has affirmed, modified or reversed the decree of the trial court – Upon the decision of Appellate Court, there is a merger of the judgment of trial court with the decision which is rendered in appeal – In the instant case, once the Appellate Court confirmed the judgment and decree of the trial court, there was evidently a merger of the judgment of the trial court with the decision of the Appellate Court – Once the Appellate Court renders its judgment, it is the decree of the Appellate Court which becomes executable – Hence, the entitlement of the decree holder to execute the decree of the Appellate Court cannot be defeated – Appellant-decreeholder had paid the balanceof the sale consideration after the judgment of the Appellate Court – Appellant having acted bona fide, the equities must weigh in his favour – Executing court was justified in rejecting the specious objections of the respondents – In revision arising out of an execution proceeding, High Court modified the decree – Such a course was not open in law – High Court acted in excess of its revisional jurisdiction in substituting decree for specific performance with an order for refund of the sale consideration, beyond the earnest money of Rs. 2,00,000/- to the decree holder – In consequence, the order passed by Executing Court dismissing objections of respondents is restored.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 797
Petitioner	Surinder Pal Soni
Respondent	Sohan Lal (d) Thru Lrs .
SCR	[2019] 9 S.C.R. 1036
Judgement Date	2019-07-23
Case Number	5360

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Surinder Pal Soni Vs. Sohan Lal (d) Thru Lrs .

Please Log-in to view this content

Surinder Kaur (d) Thr. Lr. Jasinderjit Singh (d) Thr. Lrs. Vs. Bahadur Singh (d) Thr. Lrs.

Dr. Chiranji Lal (d) By Lrs. Vs. Hari Das (d) By Lrs.

Satish Kumar Vs. Karan Singh and Another

Prakash Chandra Vs. Narayan

Hardeo Rai Vs. Sakuntala Devi and Others

Telikicherla Sesibhushan (dead) By Lrs. Vs. Kalli Raja Rao (dead) By Lrs. & Ors.

Kamal Kant Jain Vs. Surinder Singh (d) Thr. Lrs.

Waheed Baig Vs. Sangi Lakshmamma & Ors.

R. Radhakrishna Prasad Vs. Swaminathan & Anr.

Surinder Pal Soni Vs. Sohan Lal (d) Thru Lrs .

Surinder Pal Soni Vs. Sohan Lal (d) Thru Lrs .

Please Log-in to view this content

Similar Documents

Surinder Kaur (d) Thr. Lr. Jasinderjit Singh (d) Thr. Lrs. Vs. Bahadur Singh (d) Thr. Lrs.

Dr. Chiranji Lal (d) By Lrs. Vs. Hari Das (d) By Lrs.

Satish Kumar Vs. Karan Singh and Another

Prakash Chandra Vs. Narayan

Hardeo Rai Vs. Sakuntala Devi and Others

Telikicherla Sesibhushan (dead) By Lrs. Vs. Kalli Raja Rao (dead) By Lrs. & Ors.

Kamal Kant Jain Vs. Surinder Singh (d) Thr. Lrs.

Waheed Baig Vs. Sangi Lakshmamma & Ors.

R. Radhakrishna Prasad Vs. Swaminathan & Anr.

Surinder Pal Soni Vs. Sohan Lal (d) Thru Lrs .