SHYAM SINGH Vs. DARYAO SINGH

JUDGEMENT

(1.) The High Court of Allahabad in second appeal before it by impugned judgment dated 30-9-1997, concurring with the two Courts below, has dismissed the suit of the plaintiff/appellant seeking specific performance of agreement of repurchase of property in dispute on the ground that under the terms of the agreement dated 4-2-1971, the right of repurchase was personal in favour of the original contracting parties (defendants Nos. 2 to 4) and the said right was not assignable or transferable in favour of the plaintiff.

(2.) The only legal question involved is whether the terms of the agreement of repurchase dated 4-2-1971 contain any implied prohibition on the original contracting parties (particularly defendants 2 to 4) from transferring or assigning their rights in favour of third party

(3.) The relevant facts for deciding the above legal question are as under :- Defendants 2 to 4 were Bhumidars of the lands in dispute situate at village Nala, District Muzaffarnagar in the State of Uttar Pradesh. On 4-2-1971, the owners executed registered sale deed in favour of defendant No. 1 (contesting respondent No. 1 herein) for a consideration of Rs. 4900/-. On the same day defendant No. 1 who had purchased the property executed an agreement for reconveyance of the said property in favour of defendants Nos. 2 to 4. The relevant terms of the agreement of repurchase dated 4-2-1971, on interpretation of which the parties are at variance, in its relevant parts (rendered into English) read as under :