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Civil Property & InheritanceSupreme Court of India

Randhir Kaur v. Prithvi Pal Singh & Ors.

Civil Appeal · 2019 INSC 806Decided 24 Jul 2019
Civil Appeal No. 5822 of 2019
Justice L. Nageswara Rao · Justice Hemant Gupta

Background

Randhir Kaur had agreed in 2004 to buy land from the defendants, paying Rs. 13,50,000 as earnest money through her son and power-of-attorney holder, Dhanwant Singh, with the sale deed registration fixed for January 30, 2005. When the defendants did not complete the sale, she sued for specific performance. The trial court and first appellate court both ruled in her favour, but in a second appeal the High Court reversed this, holding that Dhanwant Singh was not properly authorised to act for her and that she had not personally appeared as a witness, and instead awarded her only a refund of the money paid with interest.

Decision Breakdown

The Supreme Court held that a High Court's power in a "second appeal" under Section 41 of the Punjab Courts Act (and the pre-1976 version of Section 100 CPC, which applies in Punjab and Haryana) is narrow: it can only intervene for an error of law, not simply to re-weigh facts already found by the lower courts, however persuasive a different view might seem. Applying this, the Court found the first appellate court's factual findings, that Randhir Kaur was ready and willing to perform the contract, and that the defendants knew of and accepted payment from her son/attorney Dhanwant Singh, were not legally unsustainable, so the High Court had no jurisdiction to overturn them. The Supreme Court also noted that since January 30, 2005 was a Sunday, the next working day (January 31) was the valid legal deadline, on which date Dhanwant Singh did appear with the balance payment. It therefore set aside the High Court's judgment, restored the decree for specific performance, and gave the appellant two months to pay the balance sale consideration.

Lesson Learnt

A High Court hearing a "second appeal" generally cannot reverse factual findings made by the courts below just because it disagrees with them: its power is limited to correcting genuine errors of law, which protects litigants from having a case they've already won on facts re-litigated on appeal.

Randhir Kaur v. Prithvi Pal Singh & Ors. – Legal Case Shots | LegalAware