Supreme Court · 2003 INSC 649 · Decided 19 November 2003

Shyam Singh v. Daryao Singh (Dead) BY LRS. and ORS.

Court
Supreme Court of India
Citation
2003 INSC 649 · [2003] SUPP. 5 S.C.R. 784
Case number
CIVIL APPEAL No. 857/1998
Decided
19 November 2003
Bench
SHIVARAJ V. PATIL, D.M. DHARMADHIKARI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Transfer of Property Act Section 58(C), 58(c); Specific Relief Act

Headnote

Specific Relief Act, 1963-Section l 5(b)-Agreement for sale of suit property-Agreement for repurchase within a specified time entered into C simultaneously-Transfer of the right of repurchase-Suit for specific performance/or enforcement of the right of repurchase-Trial Court and first appellate personal right, cannot be assigned or transferred to a third party­ High Court affirming on the ground that there was no express prohibition against assignment in favour of third party in the agreement for repurchase- D Correctness of-Held, in law, an implied prohibition cannot be read into

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