2011(4)BomCR671, 2012(2)CGLJ422, (SCSuppl)2011(1)CHN187, [2011(1)JCR204(SC)], 2011(1)KLJ37, 2013(I)OLR866, 2011 113 RD337, 2010(13)SCALE339, (2011)1SCC623, AIR2011SC389, 2011 (84) ALR 690, 2011 2 AWC2148SC

we set aside the judgment and order of the High Court as also the First Appellate Court and restore the judgment and order of the Trial Court which had been pleased to dismiss the suit filed by the plaintiff-respondents No.1 to 7. The Trial Court, however, had decreed the suit for return of the money of Rs.17,500/- to the predecessor of respondents No.1 to 7 and also interest was ordered to be paid on this amount by the vendor-respondent No.8. Since the respondent No.8 had already been divested of his title to execute a sale deed in favour of respondent Nos.1 to 7 as he had already executed a deed of gift in favour of the appellant-trust for charitable purpose, we are of the view that in the interest of equity, he should not be saddled with the financial liability to return the amount of Rs.17,500/- with interest to the respondent Nos.1-7. This amount, in our view, in the interest of equity 2and fair play should be paid by the appellant-trust to the respondent Nos.1-7 on behalf of Respondent No.8, as this part of the decree which had been passed by the Trial Court in favour of respondent Nos. 1-7 had not been challenged by way of an appeal by the respondent No.8. But as we have held that the appellant-trust is the rightful owner of the disputed plot and the Respondent No.8 as a consequence has been held to have been divested of the property, the amount paid by the predecessor of Respondent Nos.1-7, should be refunded to Respondent Nos.1-7 without interest and thus the decree of the Trial Court shall be treated as modified to this extent. This appeal accordingly is allowed, without any order as to costs.