SHYAM SINGH versus DARYAO SINGH (DEAD) BY LRS. AND ORS.

SHYAM SINGH versus DARYAO SINGH (DEAD) BY LRS. AND ORS.

In the absence of any express terms in the agreement prohibiting assignment or transfer of the right of repurchase, and given the provisions of Section 15(b) of the Specific Relief Act, 1963, the right of repurchase is assignable; merely mentioning 'heirs' but not 'assignees' does not constitute an implied prohibition.

Parties
Appellant/plaintiff: Shyam Singh; Respondent/defendant 1: Daryao Singh (dead) by LRS.; Respondents/defendants 2 to 4: Surajmal, Peetam, and Babu (sons of Rati Ram)
Jurisdiction
India
Judgment Date
19 November 2003
Procedural Posture
Civil Appeal / Appeal Against Decision of High Court Affirming Dismissal of Suit; Matter Remanded to Trial Court
Outcome
Appeal allowed; matter remanded to trial court for determination of further issues arising from subsequent legal developments.
Legal Topics
Specific Performance, Assignment of Contract, Right of Repurchase, Interpreting Express and Implied Prohibitions, Transfer of Property
Property Law Contract Law Specific Performance Assignment of Contract Right of Repurchase Interpreting Express and Implied Prohibitions Transfer of Property

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Parties

Shyam Singh

Appellant/plaintiff

Daryao Singh (dead) by LRS.

Respondent/defendant 1

Surajmal, Peetam, and Babu (sons of Rati Ram)

Respondents/defendants 2 to 4

Procedural Posture

Civil Appeal / Appeal Against Decision of High Court Affirming Dismissal of Suit; Matter Remanded to Trial Court

Legal Issues

  1. 1 Whether the right of repurchase under an agreement is assignable or personal to contracting parties and their heirs in absence of express prohibition.

Ratio Decidendi

In the absence of any express terms in the agreement prohibiting assignment or transfer of the right of repurchase, and given the provisions of Section 15(b) of the Specific Relief Act, 1963, the right of repurchase is assignable; merely mentioning 'heirs' but not 'assignees' does not constitute an implied prohibition.

Court Disposition

Appeal allowed; matter remanded to trial court for determination of further issues arising from subsequent legal developments.

Orders

  • Concurrent findings of courts below that right of repurchase was personal set aside.
  • Plaintiff as assignee/transferee entitled to seek specific performance from respondent 1.