AIR 1967 SUPREME COURT 744

Supreme Court Of India

(From Calcutta: AIR 1961 Cal 152)

Hon'ble Judge(s): V. Ramaswami, V. Bhargava, Raghubar Dayal , JJJ

(A) Specific Relief Act (1 of 1877) , S.23(b), S.27(b)— Contract Act (9 of 1872) , S.37, S.40— Normally, a contract in absence of a contrary intention, express or implied, is enforceable by and against parties thereto and their legal heirs and legal representatives including assignees transferees pre-emption clause in award of partition not stating whether it was binding on assignees or successors-in-interest - Held, context and circumstances in which partition award was made indicated that pre-emption clause was not merely a personal covenant between contracting parties but was a covenant binding on assignees or successors-in-interest of original contracting parties. AIR 1961 Cal 152, Affirmed. (Para 3 5) (B) Transfer of Property Act (4 of 1882) , S.14, S.40, S.54— Rule against perpetuities - Object and scope of-Rule concerns rights of property only and does not affect making of contracts which do not create rights of property - Covenant for pre-emption unlimited in point of time whether offends rule against perpetuities - Position under English Law-Position in India before passing of T. P. Act, 1882 and after its passing - Scope and effect of Ss. 40 and 54-Rule against perpetuities cannot be applied to covenant for pre-emption even though there is no t....