Intention of the party
Querist :
Anonymous
(Querist) 18 May 2010
This query is : Resolved
Dear sir,
Observation made in a judgment of an HC is ,
“It is well settled that there in no invariable rule that in all cases of disagreement between description by area and specification of boundary, the latter must prevail. It is well settled that it is a matter for examination in each case as to what was the intention of the parties and the understanding between them at the time of entering into the contract. Reference may be made to the case of Ganga Sahu v. Kanhu Lal Marwari, AIR 1933 Pat 60.”
Now how “the intention of the parties and the understanding between them at the time of entering into the contract.” Can be proved? Will the recital portion of the sale deed, where it is clearly described/mentioned and some witnesses is sufficient? Or any other thing is reqd.
Thanks and regds.
Devajyoti Barman
(Expert) 30 October 2010
By all the relevant facts taken together.
