In Brief
In this civil appeal, the Supreme Court examined the High Court's decision to grant specific performance in a contract dispute. The plaintiff sought specific performance of a land sale agreement executed in 1996, but sued only in 2003. The trial court granted specific performance, but the appellate court refused it on the ground that the plaintiff lacked readiness and willingness to perform and considerable time had elapsed. The High Court restored the trial court's decree. The Supreme Court held that the High Court improperly interfered with the appellate court's factual findings without justification under Section 100 CPC. The Court emphasized that a substantial question of law must be genuinely substantial and settled law cannot form the basis of a second appeal. It set aside the High Court's order and directed refund of Rs. 3,50,000 as earnest money to the plaintiff instead of granting specific performance.
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