- (1.) Special Leave granted.
(2.) This is an appeal under Article 136 of the Constitution impugning the judgment and order of the High Court of Andhra Pradesh dated 24th June, 1988. There is a suit for specific performance filed by the respondents. The learned Trial Judge decreed the suit. There was an appeal to the appellate court. The appellate court reversed the decision of the learned Trial Judge. There was a second appeal to the High Court by the plaintiff. The High Court for the reasons recorded in its judgment and order dated 28.12.1984 has allowed the appeal and set aside the judgment and decree of the lower appellate court, so far as defendants Nos. 1 and 2 were concerned, and the suit for specific performance against the third defendant was dismissed. We find that the first appellate court found that the respondent was not ready and willing to perform the contract for sale. It was further found by the appellate court, which was competent to make a finding of fact after consideration of the judgment of the learned Trial Judge as well as of the facts examined, that the respondent was not capable of performing the contract. Over and above, in the facts and circumstances of the case, the first appellate court was of the opinion that the property in question belonged to the family including minors. Admittedly, sale of the property was not for the benefits of the minors. At least it was not so found. In the aforesaid view of the matter, we find that in the facts and circumstances of the case, the High Court was not right in interfering with the finding of fact arrived at by the appellate court and in directing specific performance partially of a contract especially in the face of the escalation of the prices of immovable property, After all, specific performance of a contract is an equitable relief and should always be moulded according to the facts and circumstances of the case taking equity of the situation into consideration.
(3.) In the aforesaid view of the matter, we find that the judgment and order of the High Court cannot be sustained. In that view of the matter we are not dealing with the question whether the appeal was competent having been filed by some of the parties only. The appeal is allowed, the judgment and order of the High Court are set aside; and the order of the first appellants court is restored. There will be no order as to costs.;