In Brief
Randhir Kaur sought specific performance of an agreement to sell land made through her son Dhanwant Singh in 2004. The trial court and first appellate court granted the decree for specific performance, finding her ready and willing to perform. The High Court reversed this, granting only monetary recovery on grounds that Dhanwant Singh lacked authority and the plaintiff had not appeared as witness. The Supreme Court held that the High Court exceeded its jurisdiction under Section 41 of the Punjab Courts Act by interfering with concurrent findings of fact. The scope of second appeal is limited to questions of law, not findings of fact. Since the defendants accepted earnest money from Dhanwant Singh, they cannot later dispute his authority. The Court restored the first appellate decree and directed specific performance, giving the plaintiff two months to pay the balance consideration.
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