Jaspal Singh v. Ashwani Kumar: Absence of express stipulation for specific performance in agreement to sell does not bar decree for specific performance.

30. Jaspal Singh v. Ashwani Kumar

2026 LiveLaw (SC) 682

July 14, 2026

Specific performance – Agreement to sell – Clause providing for refund of earnest money in event of non-execution of sale deed – Absence of express stipulation for specific performance is no bar – Co-owner’s undivided share valid subject matter of transfer – Limits of interference with concurrent findings in second appeal. [Specific Relief Act, 1963, S.23; Code of Civil Procedure, 1908, S.100]

FACTS

The appellant entered into an agreement to sell with the respondent, a co-owner of the property, for purchase of his undivided half share for `12,50,000/-. The appellant paid `9,00,000/- as earnest money. The agreement stipulated that if the sale deed could not be executed, the respondent would refund the earnest money.

The date for execution of the sale deed was twice extended, and a further sum of `60,000/- was paid. The appellant appeared before the Sub-Registrar on the stipulated dates, but the respondent did not.

The Trial Court found the agreement to have been duly executed and the appellant ready and willing to perform his o