Judgment

D. M. DHARMADHIKARI, J.

( 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 (defendant 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:-3. 1. 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