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2005 Supreme(SC) 795

Supreme Court Of India
ASHOK BHAN AND A.K. MATHUR, JJ.
HARVINDER SINGH AND OTHERS- Appellants
Versus
PRITAM KAUR AND OTHERS - Respondents
Civil Appeal No. 6949 of 1999,
Decided on May 5, 2005

Headnote:

Civil Procedure Code, 1908, Section 100 - Second appeal - Substantial question of law - The appellants filed a suit for specific performance, which was decreed by the trial court- Decree reversed by first appellate court and the suit was dismissed.-It was observed that the appellants had failed to prove the oral agreement of sale- The High Court dismissed the second appeal observing that a substantial question of law did not arise from the findings recorded by the first Appellate Court- Order of the High Court upheld. [Paras 3 to 5]

ORDER

1. Dayal Kaur and Pritam Kaur, two sisters were the owners of 26 kanals and 4 marl as of land comprised in Khasras Nos. 331 to 333 and 295 situated in Village Raheli, Tehsil Garhshankar, District Hoshiarpur (Punjab) (hereinafter referred to as "the suit property"). The plaintiff-appellants (hereinafter called "the appellants") filed a suit for specific performance against Pritam Kaur alleging therein that Dayal Kaur and Pritam Kaur had entered into an oral agreement of sale with them on 2-1-1990 to sell the suit property for a total sale consideration of Rs 50,000. Sale deed was to be executed on or before 11-1-1990. The entire sale consideration was to be paid at the time of the execution of the sale deed. Dayal Kaur executed the sale deed in respect of the half portion of the suit property in favour of the appellants but Pritam Kaur did not come to execute the sale deed. Pritam Kaur sold the suit property in favour of Defendants 2-5, the respondents herein, for a sum of Rs 30,000.

2. The appellants filed a suit for specific performance, which was decreed by the trial court. In appeal, the judgment and decree passed by the trial court were reversed and the suit was dismissed. The first appellate court came to the conclusion that the appellants had failed to prove the oral agreement of sale.

3. The appellants being aggrieved, filed a second appeal in the High Court of Punjab and Haryana at Chandigarh.

4. The learned Single Judge dismissed the second appeal by observing that the finding recorded by the first appellate court was of fact and a substantial question of law did not arise from the findings recorded by the first appellate court.

5. Aggrieved against the dismissal of the second appeal by the High Court, the present appeal by special leave is before us.

6. Counsel for the parties have been heard.

7. We agree with the view taken by the High Court that the findings recorded by the first appellate court were of the fact which do not call for any interference in the second appeal. Thus, there is no merit in this appeal. It is dismissed accordingly. However, there shall be no order as to costs.

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