ORDER Leave granted. 2. Having heard learned senior counsel for the appellant and learned counsel for the respondent(s)/defendant(s) at length, we note that both the Trial Court as well as the First Appellate Court i.e. the High Court have dismissed the suit filed by the appellant herein seeking relief of specific performance of the Agreement to Sell. However, the suit filed by the defendant(s)/respondent(s) for eviction has succeeded both before the Trial Court as well as the appeal has been dismissed by the High Court. 3. We further note that no alternative relief has been claimed by the appellant herein in the suit filed for specific performance of the Agreement to Sell. 4. Having heard learned senior counsel for the appellant and learned counsel for the respondent(s), we are not inclined to interfere in the matter. But at the same time, even in the absence of there being any alternative relief being claimed by the appellant herein, exercising power under Article 142 of the Constitution of India, we deem it just and proper that a direction must be issued to the respondent(s)/defendant(s) to repay a sum of Rs.4,66,000/-, admittedly received by the respondent(s)/defendant(s) from the appellant herein with simple interest @ 12% per annum w.e.f. 01.01.1992 till the date of payment. 5. We are conscious of the fact that even in the absence of a specific prayer with regard to alternative relief, we ought to accept the plea made by learned senior counsel for the appellant for adding such a prayer in the plaint and by an oral application consequently, we read into the plaint the alternative prayer. 6. The said amount shall be deposited in the execution petition filed by the respondent herein before the Trial Court, within a period of one month from today. An intimation of the said deposit shall be given to the appellant herein. 7. On such deposit being made, an application for withdrawal shall be made by the appellant herein with a period of one month from the date of deposit of such amount and while allowing the said application, it is made clear that the appellant herein shall hand over the keys of the said premises to the respondent(s)/defendant(s) herein. 8. 7. On such deposit being made, an application for withdrawal shall be made by the appellant herein with a period of one month from the date of deposit of such amount and while allowing the said application, it is made clear that the appellant herein shall hand over the keys of the said premises to the respondent(s)/defendant(s) herein. 8. It is needless to observe that so long as the vacant possession of the scheduled premises is not handed over to the respondent(s) herein by the appellant, the direction for withdrawal of the amount deposited by the respondent(s) herein shall not be implemented by the Trial Court. 9. We further state that the appellant herein in the meanwhile shall not create any third party rights and shall not cause any damage to the scheduled premises. 10. The Appeals are disposed of in the aforesaid terms. 11. Pending application(s) shall stand disposed of.