Assignability of reconveyance rights upheld: assignee may enforce specific performance absent clear exclusion or legal bar.

A right to obtain reconveyance of immovable property was treated as an assignable property right, enforceable by the assignee unless the agreement clearly excluded transferability or a valid legal bar applied. The restrictive language in the reconveyance document was read as preserving the vendor's and heirs' rights, not as creating a purely personal and non-assignable obligation. Allegations of fraud were rejected, and the leaseback arrangement and rent arrears did not defeat assignment. Section 7(1) of Madras Act 1 of 1955 was held not to bar enforcement by a third-party assignee, so the reconveyance claim remained specifically enforceable.

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Issues: Whether the right under an agreement to reconvey immovable property was assignable and enforceable by the assignee notwithstanding restrictive language in the document, alleged fraud, and Section 7(1) of Madras Act 1 of 1955.

Analysis: The restrictive words in the reconveyance agreement were read as permitting the vendor and his heirs to hold the rights under the document, not as creating an exclusive and non-assignable personal right. A right to obtain reconveyance is a property right capable of assignment, and an assignee may enforce it unless the document clearly excludes transferability. The allegation of fraud was rejected, and the existence of a leaseback arrangement or arrears of rent did not affect the assignability of the reconveyance right. Section 7(1) of Madras Act 1 of 1955 was held not to prevent a third party assignee from enforcing the assigned right, since the provision was not treated as barring such assignment.

Conclusion: The assignment was valid and enforceable by the appellant, and the decree of the trial court was restored in favour of the appellant.

Final Conclusion: The appeal succeeded and the plaintiff's right to specific performance of the reconveyance agreement through assignment was upheld.

Ratio Decidendi: A right to reconveyance of property is an assignable property right, and it remains enforceable by the assignee unless the agreement clearly excludes assignment or a valid legal bar applies.

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