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VIKRAM NATH, SANDEEP MEHTA
Prem Aggarwal – Appellant
Versus
Mohan Singh – Respondent
| Table of Content |
|---|
| 1. conclusion and order for costs (Para 1 , 17) |
| 2. agreement details and initial court rulings (Para 4) |
| 3. execution proceedings and court orders (Para 5 , 6 , 7) |
| 4. obstruction of possession rights and legal arguments (Para 10 , 11 , 12 , 13 , 14) |
| 5. principle of actus curiae neminem gravabit (Para 15) |
| 6. dismissing the appeal based on court findings (Para 16) |
JUDGMENT
VIKRAM NATH, J.
1. Leave granted.
2. Some litigants, it seems, cannot take yes for an answer. After this Court on 1st April, 2025 set aside the decree but moulded equitable relief by directing payment of Rs.2,00,00,000/- (Rupees Two Crores), a sum 800 (eight hundred) times the Rs.25,000/- (Rupees Twenty Five Thousand only) paid as earnest money in 1989, the appellant refused the tender, obstructed execution, and has returned to this Court in an effort to delay the inevitable. This appeal is a cautionary tale about how the pursuit of a windfall can turn the process of law against those who seek to exploit it, in order to retain possession while spurning an extraordinary monetary award. The appellant has shot himself in the foot and in the same breath dug his own grave. Equity will not allow unjust enrichment.
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