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november 2003

Supreme Court of India · 2003-11-19

SHYAM SINGH vs DARYAO SINGH(DEAD) BY LRS. .

Citation / case number
SC 1998/324
Court
Supreme Court of India
Petitioner
SHYAM SINGH
Respondent
DARYAO SINGH(DEAD) BY LRS. .
Author
D.M. DHARMADHIKARI. SHIVARAJ V. PATIL
Bench
D.M. DHARMADHIKARI. SHIVARAJ V. PATIL

Judgment text excerpt

The Supreme Court held that the right of repurchase under the agreement dated 4.2.1971 was personal to the original contracting parties (defendants 2 to 4) and not assignable to third parties, as per the terms of the agreement. The Court affirmed the lower courts' decisions, concluding that since defendants 2 to 4 had already transferred their rights to defendant No.1, they could not subsequently assign those rights to the plaintiff. The suit for specific performance was dismissed, reinforcing the principle that personal rights in contracts cannot be transferred unless explicitly allowed.

SHYAM SINGH vs DARYAO SINGH(DEAD) BY LRS. . · Niyam