RANDHIR KAUR versus PRITHVI PAL SINGH & ORS.

RANDHIR KAUR versus PRITHVI PAL SINGH & ORS.

The High Court exceeded its jurisdiction in interfering with pure findings of fact of readiness and willingness to perform the contract and authority of attorney, as such interference is not permitted in second appeal unless there is an error of law or procedure. The decree of specific performance by the lower appellate court is restored.

Parties
Appellant Plaintiff: Randhir Kaur; Respondents Defendants: Prithvi Pal Singh & Ors.
Jurisdiction
India
Judgment Date
24 July 2019
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the High Court of Punjab and Haryana at Chandigarh in RSA No. 4928 of 2012
Outcome
Appeal allowed; judgment of High Court set aside; decree passed by lower appellate court restored.
Legal Topics
Specific Performance, Scope of Second Appeals, Jurisdiction of High Court, Power of Attorney, Interference With Findings of Fact
Civil Law Specific Performance Scope of Second Appeals Jurisdiction of High Court Power of Attorney Interference With Findings of Fact

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Parties

Randhir Kaur

Appellant Plaintiff

Prithvi Pal Singh & Ors.

Respondents Defendants

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the High Court of Punjab and Haryana at Chandigarh in RSA No. 4928 of 2012

Legal Issues

  1. 1 Whether the High Court has jurisdiction to interfere with findings of fact in second appeal under s.41 Punjab Courts Act, 1918
  2. 2 Whether specific performance of the agreement to sell should be decreed despite dispute regarding power of attorney

Ratio Decidendi

The High Court exceeded its jurisdiction in interfering with pure findings of fact of readiness and willingness to perform the contract and authority of attorney, as such interference is not permitted in second appeal unless there is an error of law or procedure. The decree of specific performance by the lower appellate court is restored.

Court Disposition

Appeal allowed; judgment of High Court set aside; decree passed by lower appellate court restored.

Orders

  • Appellant is granted two months to pay balance sale consideration to defendant Nos. 1 and 2; upon receiving the amount, defendants shall execute sale deed in favour of appellant.
  • If defendants fail to receive the amount, appellant may deposit the amount with executing court and seek execution of the decree.