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september 1995

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.

SURJIT SINGH & ORS. ETC. ETC. vs HARBANS SINGH & ORS. ETC. ETC. · Niyam