Restitution after reversal of award includes interest on excess compensation retained during the intervening period.

Restitution under Section 144 of the Code of Civil Procedure restores the parties to the position they would have occupied but for the erroneous decree. Where money has been realised under a decree or award that is later reversed or varied, restitution extends beyond the principal amount to interest, damages, or equivalent compensation for wrongful retention. In land acquisition matters, if enhanced compensation is later reduced on appeal, the court may direct refund of the excess amount together with interest. The appellants were therefore liable to refund the excess compensation with interest, and the restitution order was upheld.

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Issues: Whether, on restitution under Section 144 of the Code of Civil Procedure after the compensation award was varied on appeal, the appellants were liable to refund not only the excess compensation but also interest for the period during which they retained the amount.

Analysis: Restitution under Section 144 of the Code of Civil Procedure is a consequential remedy that restores the parties to the position they would have occupied but for the erroneous decree. Where money has been recovered in execution of a decree that is later reversed or varied, the party who received the money must return not merely the principal sum but also interest, damages, or compensation for the period of wrongful retention. In land acquisition matters, when enhanced compensation is realised and the award or decree is later reduced on appeal, the court is empowered to direct restitution of the excess amount along with interest.

Conclusion: The appellants were liable to refund the excess compensation with interest, and the direction for restitution with interest was upheld.

Final Conclusion: Restitution following reversal or variation of an award or decree includes interest on the amount retained, and the appeal failed.

Ratio Decidendi: Under Section 144 of the Code of Civil Procedure, restitution after reversal or variation of a decree extends to interest or equivalent compensation for the period during which the successful party retained the money.

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