Power of Courts to declare a property free of Encumbrances against the will of Encumbrancer

M. P. Varghese Vs. Annamma Yacob (Kerala High Court at Ernakulam) Power of Courts to declare a property free of Encumbrances against the will of Encumbrancer Passing a landmark judgment on 9 Aug 2020, the Kerala High Court has issued a judgment explaining the process mechanism as stated under section 57 of the TP Act 1882 relating to removing encumbrances created on immovable property. The judgment is exemplary because there was no prior case or precedent established in such cases in such matters and it gives an emphasis on the “efficacious and substantive “mechanism as provided under...