The main legal point established in the judgment is the distinction between relinquishment and conveyance, and the requirement for proper assignment of rights under the Transfer of Property Act, 1882.

JUDGMENT :

1. Heard Sri Akhilesh Chandra Shukla, learned counsel for the petitioners, Sri Kshitij Shailendra, learned counsel appearing for contesting respondent no. 1, Sri Namit Srivastava, learned counsel appearing for contesting respondent no. 8 and perused the record.

2. The petitioners before this Court are judgment debtors of judgment and decree dated 25th of March, 1994 passed in a suit being O.S. No. 993 of 1985 for specific performance of contract.

3. The suit was unsuccessfully appealed against by the present petitioners before the First Appellate Court and then before the Second Appellate Court. It transpires from the record that the appellants moved a substitution application to substitute the legal heirs of Shamima Begam, who died issue-less and accordingly, the heirs of husband's brother were brought on record.

4. A counter affidavit was filed on behalf of the heirs of late Shamima Begum sworn by Fakhruddin in second appeal wherein it was stated that Shamima Begum and Aliya Begum have died. This counter affidavit was accompanied by a document of family settlement wherein it was stated that Saleha Begum died during the pendency of appeal and her legal representatives were substituted and in order to avoid dispute amongst the members of the family an oral settlement was reached between the parties whereunder the heirs of first and second party, i.e., Shamima Begum and Aliya Begum, relinquished their claim for 3rd and 4th parties in their favour having obtained money from them and now they are not interested in pursuing the matter. When the execution came to be filed after dismissal of the second appeal, an objection was filed under Section 47 of CPC by the judgment debtor which was rejected on 15th of January, 2018. The same was unsuccessfully challenged in revision before 7th Additional District Judge, Allahabad and revision petition came to be dismissed vide judgment and order dated 25th February, 2019. It is stated at bar that the said order has been challenged before this Court in a petition under Article 227 bearing No. 3543 of 2019 in which this Court did not pass any interim order and merely parties were directed to exchange their pleadings. Learned counsel for the petitioners does not dispute that the matter is pending simply at the stage of admission.

5. It appears that after the draft deed was submitted before the executing court that an objection came to be filed by the present petitioner taking a ground that the heirs of Saleha Begum could not have presented a draft of sale deed in respect of the entire property which was subject matter of decree and to which Shamima Begum and Aliya Begum were equally entitled to but heirs of Shamima Begum having not come forward, the decree holder, namely, the heirs of Saleha Begum were entitled for execution of sale deed to the extent of share of Saleha Begum only. It is argued that no assignment of their rights as such could have been made by the heirs of Shamima Begum and Aliya Begum. However, their objections came to be dismissed by the executing court vide order dated 29.7.2022 against which the revision has been dismissed vide order dated 10.06.2022 and even the review petition came to be dismissed on 10.12.2022and now the petitioners are before this Court challenging all the above three orders in this petition, filed under Article 227 of the constitution.

6. The arguments advanced by learned counsel for the petitioners is that there is a procedure prescribed for assignment of decree and unless and until there is proper assignment of decree, assignee cannot get the decree executed in his favour. He submits that mere filing of an affidavit before the Court of appeal would not construe a valid assignment within the meaning of provisions contained under Order XXI Rule 16 of CPC. He submits that the assignment has to be in writing and is also required to be registered one as it deals with transfer of rights by way of assignment of a movable property and, therefore, such as