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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