ORDER

1. Leave granted.

2. A suit for specific performance of agreement to sell filed by the respondent was decreed in part. The decree was confined to sale of 1/4th share only. Both the parties preferred cross-appeals. The appeal filed by the plaintiff was allowed while the appeal filed by the defendant was dismissed. The first appellate court directed the suit to be decreed in full. The second appeal preferred by the defendant has suffered a summary dismissal by the High Court forming an opinion that the findings of fact were concurrent and, therefore, no case was made out calling for interference in exercise of second appellate jurisdiction.

3. Having heard the learned counsel for the parties, we are satisfied to hold that the disposal of the appeal at the hands of the High Court has not been satisfactory. There are several relevant factors calling for consideration for exercise of discretion by the Court in favour of or against decreeing a suit for specific performance which, in our opinion, ought to have received consideration by the High Court.

4. The appeal is allowed. The impugned judgment of the High Court is set aside. Instead, the appeal is directed to be restored on the