Upgrad LLM

determining actual area of the land conveyed??



Below is the observation of Madras HC

It is well settled in law that what property is actually conveyed depends upon its recitals mentioned therein and upon the intention of the executor of the document, but not merely based on the descripttion of the property mentioned in the schedule, because the document has to be construed as a whole and the real intention of the parties has to be gathered, not merely from what ex facie is stated as the descripttion of the property in the schedule, but from the totality of the recitals in the document. It is also well settled in law that the descripttion of the property in the schedule to the document could not be given any overriding importance over the actual intention of the executor and such an intention of the executor could be gathered from the words used in the document, as held by the Kerala High Court in SUMATHY AMMA v. SANKARAPILLAI, reported in AIR 1987 Kerala 84.

Attached File : 42 42 sumathy amma and anr vs sankara pillai ananthakrishnan on 4 march 1986.pdf downloaded 60 times

The Judgment of Madras HC is attached below,

Attached File : 46 46 r logabiraman vs thaiyalnayaki ammal on 4 july 2002.pdf downloaded 60 times



Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum



CrPC MASTERCLASS!     |    x