Specific Performance and the Limits of Second Appeal Under Civil Procedure Code
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Case: JASPAL SINGH v. ASHWANI KUMAR
Court: Supreme Court of India
Date: 14-07-2026
Law: Specific Relief Act, Code of Civil Procedure, Transfer of Property Act, Indian Contract Act.
Highlights of the Judgment:
- Interpretation of Section 23 of the Specific Relief Act, 1963 regarding earnest money refund clauses.
- The scope of High Court interference with concurrent findings of fact under Section 100 of the Code of Civil Procedure.
- Legal validity and enforceability of an agreement to sell an undivided share in a jointly owned property.
- Evidentiary impact of suppressing collateral financial transactions on the genuineness of a primary contract.
- Whether mutual extensions of time for executing a sale deed indicate a sham transaction.