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Habiba Khatoon vs Ubaidul Huq & Ors on 5 August, 1997 cites

Hazari & Ors vs Neki & Ors on 25 January, 1968

As they deal with the right of pre-emption and fall in line with the aforesaid decision of this Court in the case of Hazari v. Neki (supra) we do not dilate on the same. We may also mention that this is not a case of any right of statutory pre-emption but is reflects a scheme of priorities for getting the property reconveyed as per the contract entered into between defendant no. 1 on the one hand and original vendor Amir Jehan Begam on the other. It also enured for the benefit of the named beneficiaries of the said Agreement of reconveyance. It is a contractual scheme of priorities conferred on specified types of persons mentioned therein and their right to get the property reconveyed will have to be adjudicated upon within the forecorners of the said Agreement and not dehors it. In this connection we may refer to two decisions on which strong reliance was placed by learned counsel for the respondents, heirs of original plaintiff.
Supreme Court of India Cites 16 - Cited by 22 - V Ramaswami - Full Document

Vishweshwar Narsabhatta Gaddada vs Durgappa Irappa Bhatkar on 29 February, 1940

Beaumont, C.J. in Vihsweshar Narsabhatta Gaddada v. Durgappa Irappa Bhatkar AIR 1940 Bom 339 held that both under the common law as well as under Section 23(b) of the Specific Relief Act, 1877, and option given to repurchase the property sold would prima facie be assignable, though it might also be so worded as to show that it was to be personal to the grantee and not assignable. On the particular facts of that case, it was held that the contract was assignable.
Bombay High Court Cites 4 - Cited by 16 - Full Document
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