In Brief
A buyer of land under an agreement to sell paid Rs. 1,00,000 as earnest money and took possession of the property in 1986. After the seller's death, his heirs (respondents) sued for recovery of possession. The buyer counter-sued for specific performance, but both his suit and appeal were dismissed. The High Court granted the heirs a decree for possession. The Supreme Court upheld the decree but, invoking Article 142, also directed the heirs to refund the earnest money within 3 months with 6% per annum interest thereafter, while the buyer must vacate and restore possession within 3 months.
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