INDIRA DEVI versus VEENA GUPTA & ORS.

INDIRA DEVI versus VEENA GUPTA & ORS.

A right of repurchase contained in a conditional sale deed is assignable unless the terms of the deed explicitly make the right personal to the vendor; no implied prohibition on assignment may be read into the document merely because it mentions heirs and not assignees; on the facts the conditional sale deed contained no bar to assignment, the executant lawfully transferred his repurchase right to respondent no.1 by Gift Deed, the deposit of Rs.5,000 complied with the repurchase condition, and therefore the High Court correctly decreed relief in favour of the respondents.

Parties
Appellant: Indira Devi; Respondent: Veena Gupta
Jurisdiction
India
Judgment Date
04 July 2023
Procedural Posture
Civil Appeal / Appeal to the Supreme Court From Judgment and Order Dated 26.09.2013 of the High Court of Patna in Second Appeal No.123 of 2000; Final Judgment by the Supreme Court
Outcome
Appeal dismissed; High Court judgment upheld
Legal Topics
Right of Repurchase, Assignment of Contractual Benefits, Conditional Sale Deed, Gift Deed, Assignability Vs Personal Contract, Transfer of Obligations Vs Rights
Contract Property Law Specific Relief Right of Repurchase Assignment of Contractual Benefits Conditional Sale Deed Gift Deed Assignability Vs Personal Contract +1 more

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Parties

Indira Devi

Appellant

Veena Gupta

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court From Judgment and Order Dated 26.09.2013 of the High Court of Patna in Second Appeal No.123 of 2000; Final Judgment by the Supreme Court

Legal Issues

  1. 1 Whether a vendor can assign the right of repurchase contained in a conditional sale deed or whether that right is personal and non-assignable
  2. 2 Whether an implied prohibition on assignment can be read into a conditional sale deed that mentions only parties and their heirs
  3. 3 Whether the Gift Deed transferring the repurchase right to respondent no.1 was effective and whether the condition for repurchase was complied with

Ratio Decidendi

A right of repurchase contained in a conditional sale deed is assignable unless the terms of the deed explicitly make the right personal to the vendor; no implied prohibition on assignment may be read into the document merely because it mentions heirs and not assignees; on the facts the conditional sale deed contained no bar to assignment, the executant lawfully transferred his repurchase right to respondent no.1 by Gift Deed, the deposit of Rs.5,000 complied with the repurchase condition, and therefore the High Court correctly decreed relief in favour of the respondents.

Court Disposition

Appeal dismissed; High Court judgment upheld

Orders

  • Appeal dismissed
  • No order as to costs