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Cariday Investment Corp. vs. Court of Appeals

CARIDAY INVESTMENT CORPORATION, petitioner, vs. COURT OF APPEALS & FORBES PARK ASSOCIATION, INC., respondents.

G.R. No. 83358 | 1989-08-02

D E C I S I O N


GRIá'O-AQUINO, J.:

The central issue in this case is the proper interpretation of a provision in the Deed of Restrictions on the title of a lot in the Forbes Park Subdivision which binds the owner to use his lot "for residential purposes and not more than one single family residential building will be constructed thereon" (p. 35, Rollo) ---- a restriction that generally encumbers lots in the so-called "plush" residential subdivisions.

Forbes Park Association (hereinafter referred to as "FPA") is a non-profit and non-stock corporation organized for the purpose of promoting and safeguarding the interests of the residents...