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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
BINDU ASOKAN – Appellant
Versus
BEENA DILEEP – Respondent
| Table of Content |
|---|
| 1. overview of the case background regarding the settlement deed. (Para 1 , 2) |
| 2. arguments presented by the appellant concerning the legal interpretation of the covenant. (Para 3) |
| 3. court's reasoning regarding the inapplicability of certain statutory provisions. (Para 4) |
EASWARAN S., J.
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R.S.A. No. 498 of 2025 -------------------------
Dated this the 21st day of August, 2025 JUDGMENT This appeal has preferred by the defendant aggrieved by the concurrent finding of the Principal Munsiff Court, Kottayam in O.S. No. 714 of 2018 and that of the Principal District Court, Kottayam in A.S.
No. 61 of 2024.
2. The plaintiff instituted the suit to declare that the restrictive clause in the settlement deed No. 1854 of 2003 is null and void. The plaintiff derived right, title and interest over the property by virtue of a settlement deed executed by her mother registered with the SRO, Kottayam as document No. 1854 of 2003. The mother of the plaintiff died 24.04.2018. According to the plaintiff, there is a restrictive covenant in gift by which the plaintiff is prevented from alienating the property without the consent of the defendant. According to the plainti
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