Case Note & Summary
The dispute arose from a pre-emption decree granted by the Sub-Judge, 1st Class, Mahendergarh, in favor of Shanti Devi against the appellant, Bhoop. The decree required Shanti Devi to deposit the sale price by November 17, 1968, which she failed to do on time. The respondent, Matadin, later obtained a Deed of Assignment from Shanti Devi and sought to execute the decree. The appellant contested the execution, arguing that the decree was not transferable and that Shanti Devi had no subsisting right to assign. The Sub-Judge dismissed the execution application, stating that the suit stood dismissed due to non-deposit of the sale price. Matadin appealed to the High Court, which found that Shanti Devi had attempted to deposit the amount on time but faced administrative difficulties, thus allowing the execution to proceed. The appellant then appealed to the Supreme Court, raising issues regarding the transferability of the decree. The Supreme Court dismissed the appeal, affirming that while pre-emption rights are generally personal and non-transferable, the specific circumstances of this case indicated an intention to transfer the interest in the property, allowing Matadin to execute the decree. The court emphasized that the right of pre-emption aims to prevent strangers from acquiring interests in property and that the assignment was valid in this context.
Headnote
A) Civil Procedure - Pre-emption Decree - Transferability of Decree - Code of Civil Procedure, 1908, Section 146, Order 20 Rule 14, Order 21 Rule 16 - The right of pre-emption is personal and cannot be transferred to a third party, as it would defeat its purpose. However, in this case, the parties intended to transfer the interest in the pre-emptional land, allowing the assignee to execute the decree. Held that the assignee was entitled to execute the decree (Paras 416G-H, 418A-E).
Issue of Consideration
Whether a pre-emption decree could be transferred to an entitled purchaser to execute the same.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision that the assignment of the pre-emption decree was valid and that the respondent was entitled to execute the decree.
Law Points
- Transferability of decree
- pre-emption rights
- execution of decree
- assignment of decree
