🌟 LEGAL LEARNING – SHRI GANPATI JURISTS
Supreme Court: Rajeswari v. Shanmugam
🔷 A. Registration Act, 1908 – Sec. 17(1)(e)
Assignment of Decree for Specific Performance
A decree for specific performance does NOT transfer ownership.
Hence, assignment of such a decree does NOT need registration.
🔷 B. Specific Relief Act, 1963 – Secs. 15 & 28
Nature of Decree
The contract survives even after the decree.
Decree = right to enforce, not transfer of title.
Ownership transfers only through a registered sale deed, not by decree.
🔷 C. CPC – Order 21 Rule 16
Assignee’s Rights
Assignee can execute the decree exactly like the original decree-holder.
Assignment deed need not be registered unless it creates rights in immovable property.
💡 Key Takeaway
A decree for specific performance does not create property rights — it only allows enforcement of the underlying contract.
Therefore, assignment of such a decree is valid even without registration.
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