Supreme Court of India · 2003-11-19
Shyam Singh vs Daryao Singh (Dead) By Lrs. & Ors
- Citation / case number
- AIR 2004 SUPREME COURT 348
- Court
- Supreme Court of India
- Petitioner
- Shyam Singh
- Respondent
- Daryao Singh (Dead) By Lrs. & Ors
- Bench
- Shivaraj V. Patil, D.M. Dharmadhikari
Judgment text excerpt
The Supreme Court upheld the High Court's decision dismissing the plaintiff's suit for specific performance of an Agreement of Repurchase dated 4.2.1971, ruling that the right of repurchase was personal to the original contracting parties (defendants 2 to 4) and not assignable to the plaintiff. The Court clarified that the terms of the agreement did not imply any prohibition against the original parties transferring their rights, but since they had already transferred their rights to defendant No.1, they lacked the authority to transfer to the plaintiff. Consequently, the Court affirmed the lower courts' judgments, emphasizing the binding nature of the original agreement.