Supreme Court of India · 2010-03-15
P.K. Mohanram vs B.N. Ananthachary & Ors
- Citation / case number
- AIR 2010 SUPREME COURT 1725
- Court
- Supreme Court of India
- Petitioner
- P.K. Mohanram
- Respondent
- B.N. Ananthachary & Ors
- Author
- G.S. Singhvi
- Bench
- G.S. Singhvi, Asok Kumar Ganguly
Judgment text excerpt
The Supreme Court analyzed the validity of a Settlement Deed executed under Section 123 of the Transfer of Property Act, 1882, and held that the negative covenant preventing the settlor from revoking the deed was enforceable. The Court found that the High Court erred in dismissing the appellant's suit for partition of his 1/17th share, emphasizing that the terms of the Settlement Deed were clear and binding. Consequently, the Supreme Court set aside the High Court's judgment and restored the trial court's decree in favor of the appellant.