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april 1960

Supreme Court of India · 1960-04-21

SAHEBZADA MOHAMMAD KAMGAR SHAH vs JAGDISH CHANDRA DEO DHABAL DEOAND OTHERS.

Citation / case number
SC 1956/29
Court
Supreme Court of India
Petitioner
SAHEBZADA MOHAMMAD KAMGAR SHAH
Respondent
JAGDISH CHANDRA DEO DHABAL DEOAND OTHERS.
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court interpreted the leases granted in 1900 and 1919 concerning mining rights in the Dhalbhum estate, emphasizing that the intention of the parties must be derived from the document's language. It held that if earlier statements conflict with later ones, the former prevails, and ambiguity should be resolved against the grantor. Additionally, it clarified that 'duly authorised' under Explanation 11 of Section 19 of the Indian Limitation Act, 1908, encompasses authorization by law or court order. The appeal was dismissed, affirming the lower courts' decisions in favor of the respondents.

SAHEBZADA MOHAMMAD KAMGAR SHAH vs JAGDISH CHANDRA DEO DHABAL DEOAND OTHERS. · Niyam