PARMINDER SINGH versus GURPREET SINGH

PARMINDER SINGH versus GURPREET SINGH

Concurrent findings of the trial court, first appellate court, and second appellate court regarding genuineness of the agreement and readiness of the respondent, not being perverse or against evidence, pleadings, or law, are binding on the Supreme Court under Article 136; the grant of specific performance was therefore proper and cannot be disturbed.

Parties
Appellant/defendant: Parminder Singh; Respondent/plaintiff: Gurpreet Singh
Jurisdiction
India
Judgment Date
25 July 2017
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dismissing Second Appeal
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Concurrent Findings, Discretion Under Specific Relief Act
Contract Law Property Law Civil Procedure Specific Performance Concurrent Findings Discretion Under Specific Relief Act

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Parties

Parminder Singh

Appellant/defendant

Gurpreet Singh

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dismissing Second Appeal

Legal Issues

  1. 1 Whether the trial, appellate, and second appellate courts' concurrent findings regarding the genuineness of the agreement and readiness of the plaintiff can be disturbed by the Supreme Court under Article 136 of the Constitution
  2. 2 Whether grant of specific performance in exercise of discretionary power was proper in the facts of the case

Ratio Decidendi

Concurrent findings of the trial court, first appellate court, and second appellate court regarding genuineness of the agreement and readiness of the respondent, not being perverse or against evidence, pleadings, or law, are binding on the Supreme Court under Article 136; the grant of specific performance was therefore proper and cannot be disturbed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; decree for specific performance affirmed.