Supreme Court of India · 1995-09-06
SURJIT SINGH & ORS. ETC. ETC. vs HARBANS SINGH & ORS. ETC. ETC.
- Citation / case number
- SC 1990/77041
- Court
- Supreme Court of India
- Petitioner
- SURJIT SINGH & ORS. ETC. ETC.
- Respondent
- HARBANS SINGH & ORS. ETC. ETC.
- Author
- M.M. PUNCHHI
- Bench
- M.M. PUNCHHI
Judgment text excerpt
The Supreme Court addressed a dispute arising from a family settlement deed executed on 27.6.1930, which prohibited alienation of property without consent. The Court held that the assignment of rights under a preliminary decree by Pritam Singh, made in violation of a restraining order, was invalid. The Court emphasized that the assignment of a decree does not equate to a transfer of property, thereby upholding the trial court's restraint order and reversing the lower courts' decisions that allowed the assignment.