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november 2003

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.

Shyam Singh vs Daryao Singh (Dead) By Lrs. & Ors · Niyam