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Rafaela V. Trias vs. Gregorio Araneta, Inc.

In Re: Petition For Cancellation Of Condition Annotated On Transfer Certificate Of Title No. 54417, Quezon City, Dra. Rafaela V. Trias, Married To Manuel Sia Ramos, Petitioner-Appellee, Vs. Gregorio Araneta, Inc., OPeopleositor-Appeellant.

G.R. No. L-20786 | 1965-10-30

DECISION 


BENGZON, C.J.: 

In May 1963, Rafaela Trias, married, filed in the Rizal court of first instance, a petition to cancel from her Torrens certificate of title, the annotation appearing on its back which reads as follows: 

"5. That no factories will be permitted in this section." 

She alleged she was the registered owner of this lot in Quezon City; that she wanted the cancellation, not for the purpose of erecting a factory thereon, but merely to facilitate approval of a loan she had applied for; that the restriction was illegal, because it impaired the owner's dominical rights; and that it was a mere surplusage...