... posed following questions for consideration of this Court. (i) Whether Courts below have committed error in holding that boundaries will ...serious error in misreading the sale deed. According to him there is error committed in holding that the boundaries shown in the sale deed will prevail over the area mentioned therein. According to him...between the parties as to exact area of the land sold by the vendor to the purchaser, the boundaries will prevail over the area mentioned therein. In the present case from the recitals of the sale...

... posed following questions for consideration of this Court. (i) Whether Courts below have committed error in holding that boundaries will ...serious error in misreading the sale deed. According to him there is error committed in holding that the boundaries shown in the sale deed will prevail over the area mentioned therein. According to him...between the parties as to exact area of the land sold by the vendor to the purchaser, the boundaries will prevail over the area mentioned therein. In the present case from the recitals of the sale...

... posed following questions for consideration of this Court. (i) Whether Courts below have committed error in holding that boundaries will ...serious error in misreading the sale deed. According to him there is error committed in holding that the boundaries shown in the sale deed will prevail over the area mentioned therein. According to him...between the parties as to exact area of the land sold by the vendor to the purchaser, the boundaries will prevail over the area mentioned therein. In the present case from the recitals of the sale...

... posed following questions for consideration of this Court. (i) Whether Courts below have committed error in holding that boundaries will ...serious error in misreading the sale deed. According to him there is error committed in holding that the boundaries shown in the sale deed will prevail over the area mentioned therein. According to him...between the parties as to exact area of the land sold by the vendor to the purchaser, the boundaries will prevail over the area mentioned therein. In the present case from the recitals of the sale...

...raising the following substantial questions of law:- 1.Whether the lower Appellate Court failed to rely upon the principle that boundaries will prevail over the area in the facts and...four boundaries mentioned in the documents. The Appellate court, on the other hand, held that boundaries would prevail over the extent only if there is ambiguity or lack of clarity in the extent. If the...-v- Srinivasa Bathar and 9 others (2002-1 L.W. 120) it was held as follows: "It is established legal position that boundaries would prevail over measurements in case there is...

...let to him. No doubt, when a piece of land with definite boundaries is leased, there is plenty of authority for holding that the description of the boundaries will prevail over the statement of the ...original letting was not with reference to area at all, but was a letting at a consolidated rent for lands within specified boundaries, no additional rent can be claimed, unless it is shown that the tenant...be as follows: The land was measured by the landlords in 13G1 but the measurement was very badly done with the somewhat unusual result that the area put down as in the occupation of each tenant was...

...conflict between the boundaries and areas, the boundaries will prevail over the area and when the boundaries are not there, the area would prevail. The land conveyed is ...boundaries and the recital about the area in the body of the document cannot be read divorced from what is stated in the boundaries. It is the principle of law that recital of boundaries in the documents...and number after recalling the order of dismissal dated May 5, 2016.3. Both the applications, being CAN 3427 of 2017 & CAN 1787 of 2017, are allowed. There will be no...

...also relied upon the area in the Matriz Record which is untenable as it is well settled that boundaries will prevail over the area in the Matriz Records. Learned Counsel further pointed out that i...that the boundaries in the Land Registration Office would prevail upon the boundaries as shown in the Matriz Records. In such circumstances, taking note of the provisions of Article...further pointed out that though the Appellants have examined a Surveyor, on untenable grounds essentially that the boundaries of the property have not been identified by the Surveyor, the suit was...

...untenable as it is well settled that boundaries will prevail over the area in the Matriz Records. Learned Counsel further pointed out that in any event, the area shown in the Matriz Records are on...boundaries as shown in the Land Registration Office may not necessarily include the extent of the area as claimed by the Appellants, nevertheless, taking note of the findings of the Courts below that the...vis the Survey Records. It is well settled that the boundaries in the Land Registration Office would prevail upon the boundaries as shown in the Matriz Records. In such circumstances, taking note of the...

...dispute as regards area etc., the boundaries in the sale deed will prevail over. As the Suit is not for possession of the encroached portion or the boundary dispute, the learned trial Judge has...rectification of the sale deed and for declaration of ownership over the property described in paragraph 1 of the plaint. In other words, the Suit is not for the possession of the encroached portion or about...identity of the land. Controversy between the parties can be resolved by considering the boundaries in the sale deeds as the Suit is for rectification of the sale deed. Plaintiff claims to be in...

...the facts and circumstances of the case, both the Courts below have ignored the settled proposition of law that the boundaries will prevail over the area. 11. The...law : Whether the Court below fell in error in ignoring the settled proposition of law that the boundaries prevail over the area...if the boundaries can be fixed 8 with accuracy, it will prevail over the extent or measurement. The appellant therein...

...was held that the boundaries will prevail over the area (vide 2008 (3) AWC 2987 :Govt and Public Sector Employees Welfare Housing...is a mis-statement as to the area within such boundaries, the boundaries must prevail and the error in the quantity should be considered as a mere false description [Pahalwan v. Maheswar, 16...the contract is to be culled out. For such purpose, even aid of extrinsic evidence can be taken. Thus, where discrepancy was noticed in the area and boundaries mentioned in a registered document, it...

...area of land, the boundaries will prevail over. 3 8. He has placed heavy reliance on the judgment of the Hon'ble the...contention of the plaintiff that in such matters boundaries will prevail over. There is no dispute about the law laid down in the case of Subhaga and others (supra). However, in the said matter the ...were fixed by commissioner and in that view of the said matter, the Court held that the boundaries will prevail over. 15. However, in the present matter, no boundaries...

...within that will prevail over the area statement, was at all attracted in the facts of the present case as held by the Appellate Court? 2. Whether relief of injunction could be...identification on the basis of the boundaries would prevail. In the present case no doubt the area statement in the pleadings and the evidence materially differs with the area statement as recited in the Sale...said substantial questions of law are:- "1. Whether the principle that where there is conflict between area statement and the boundaries, the description by the fixed boundaries and the area contained...

.... P-12, therefore, boundaries will prevail over the area mentioned in Ex. P-12. The submission on its face is attractive but on close scrutiny it is found to be of no help to the appellants. The...case of conflict between the area and the boundaries, the boundaries will prevail is not applicable in the facts and circumstances of the present case. In Ex. P-7 invitation to tender the property put...case that they had purchased entire Spring Field Estate denoted by boundaries having area 11435.75 sq. yards.11. The respondents contested the suit by filing joint written statement and...

...fixed boundaries. There was only a conflicting description with regard to the area and therefore, the Privy Council held that the boundaries will prevail over the extent mentioned in the document...dispute in the suit. Instead, the courts below have proceeded as if the only question is whether boundaries will prevail or the extent would prevail. The courts below have also placed reliance on certain...prevail as against the measurements. From the facts of the case, it was found that the whole of the lands within the boundaries mentioned, belonged to the judgment debtors and there was no reason for...

...the appellant since in any case even if there are certain discrepancies in measurement in a conflict between statement of area, the boundaries will prevail over measurement as has been settled in the...show that again open plot and marking 4 would show that it is a kachha house with tiles, therefore, the entire area was purchased that of 262 sq.mt. and shops were not included in...record which is filed as Ex.P/9. In the sale deed, the description of the property with boundaries have been shown. It shows that total property admeasures 262 sq.mt. and in the same continuity it is...

...conflict between statement of area, the boundaries will prevail over measurement as has been settled in the case reported in AIR (35) 1948 Privy Council 207, The...property with boundaries have been shown. It shows that total property admeasures 262 sq.mt. and in the same continuity it is also shown that in front and over 27.88 sq.mt., three shops exist. The..., therefore, the entire area was purchased that of 262 sq.mt. and shops were not included in such sale deed. Consequently, the plaintiffs/landlord have not purchased the suit...

...the area as de scribed in the deed and the boundaries mentioned in the said deed, the boundaries mentioned in the deed will prevail over the area as mentioned in the deed. This being the ..., and there is a mis-statement as to the area within such boundaries, the boundaries must prevail and the error in the quantity should be considered as a mere false description (Pahalwan v. Maheswar...aforesaid plot of the aforesaid area. Subsequent to the finalization of the deal, on 23-4-2002 physical possession of the said plot was also handed over by the Noida Authority to the petitioner Society...

...it comes to total area of 1245 sq.ft. 5. It is a well settled legal principle that boundaries will prevail over 3/7... the extent only when the linear measurements are not clear or ambiguous. Therefore, the when linear measurements are not given and are not correctly given then the boundaries will ...over the measurements and the entire extent will be entitled to the person who purchased the property within those boundaries. 6. In the instant case, the respondent is allotted with...