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march 2010

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.

P.K. Mohanram vs B.N. Ananthachary & Ors · Niyam