Supreme Court of India · 2014-04-23
ARSAD SK vs BANI PROSANNA KUNDU .
- Citation / case number
- SC 2008/37552
- Court
- Supreme Court of India
- Petitioner
- ARSAD SK
- Respondent
- BANI PROSANNA KUNDU .
- Author
- Pinaki Chandra Ghose
- Bench
- PINAKI CHANDRA GHOSE CHANDRAMAULI KR. PRASAD
Judgment text excerpt
The Supreme Court upheld the High Court's ruling that in cases of dispute between area and boundary description in a conveyance deed, the boundary description prevails, as per the principles of property law. The Court noted that the High Court correctly framed the substantial question of law under the proviso to sub-Section (5) of Section 100 of the Code of Civil Procedure, 1908, allowing it to address issues not initially formulated. The appeal by the appellants was dismissed, affirming the High Court's decision to set aside the lower courts' judgments.