Tuesday, February 15, 2011

Boundaries and Extent


2011(1) CURRENT TAMILNADU CASES – Page 663
Property Law – Boundaries and Extent – Description of Property – Discrepancy regarding measurements – Two sale deeds executed by a common vendor describing area conveyed and specifying boundaries – conflict between boundaries and extents – Normally boundaries will prevail over extent – proposition cannot be blindly applied in all cases – It will depend upon facts and figures of each case – Second sale is in respect of a greater extent than what remained with vendor – Vendor could not have sold in excess of what he had – Area found in earlier sale deed accepted – Boundaries will prevail over extent – Second appeal dismissed. 

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