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september 1966

Supreme Court of India · 1966-09-06

RAMBARAN PROSAD vs RAM MOHIT HAZRA & ORS.

Citation / case number
SC 1964/90551
Court
Supreme Court of India
Petitioner
RAMBARAN PROSAD
Respondent
RAM MOHIT HAZRA & ORS.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that the preemption clause in a partition award is binding on successors-in-interest, as per Sections 23, 27(b), and 37 of the Specific Relief Act, which enforce contracts against legal heirs and assignees unless a contrary intention is expressed. The Court clarified that the rule against perpetuities does not apply to personal contracts that do not create an interest in property, thus affirming the enforceability of the preemption clause. The High Court's dismissal of the defendants' appeal was upheld, confirming the plaintiffs' right to preempt the sale.

RAMBARAN PROSAD vs RAM MOHIT HAZRA & ORS. · Niyam