HABIBA KHATOON versus UBAIDUL HUQ AND ORS.

HABIBA KHATOON versus UBAIDUL HUQ AND ORS.

The agreement of reconveyance does not prohibit assignment of the right to repurchase either expressly or by necessary implication; beneficiaries named therein can validly assign their right. The right of repurchase is not a personal right limited to named persons and is enforceable by their assignees unless the contract indicates otherwise.

Parties
Appellant: Habiba Khatoon; Respondents: Ubaidul Huq and others
Jurisdiction
India
Judgment Date
05 August 1997
Procedural Posture
Second Appeal (supreme Court) on Grant of Special Leave / Final Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Assignment of Contractual Rights, Specific Performance, Agreement of Reconveyance, Personal Rights Under Contract
Contract Law Property Law Specific Relief Assignment of Contractual Rights Specific Performance Agreement of Reconveyance Personal Rights Under Contract

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Parties

Habiba Khatoon

Appellant

Ubaidul Huq and others

Respondents

Procedural Posture

Second Appeal (supreme Court) on Grant of Special Leave / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the right to repurchase under an agreement of reconveyance is a personal right and not assignable
  2. 2 Whether the agreement prohibits assignment of right to repurchase to third parties
  3. 3 Whether the assignee of the right to repurchase can enforce specific performance against subsequent vendees

Ratio Decidendi

The agreement of reconveyance does not prohibit assignment of the right to repurchase either expressly or by necessary implication; beneficiaries named therein can validly assign their right. The right of repurchase is not a personal right limited to named persons and is enforceable by their assignees unless the contract indicates otherwise.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Decree for specific performance directing execution of reconveyance deed sustained against appellant