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1957 Supreme(Ker) 143

Judges : KUMARA PILLAI
Krishnamurthi Iyer - Appellant
Versus
Janaki Amma - Respondent
Case No : S. A. No. 1117 of 1954 M
Decided On : 06/27/1957
Advocates Appeared :
K. P. Ramakrishna Iyer; For Appellant K. Kuttikrishna Menon; For Respondent

The intention of the parties prevails in determining the extent of the land conveyed in a lease document, and the stability and certainty of the description of boundaries are crucial in interpreting the intention of the parties.

Headnote:

lease - boundaries and extent - [PROPERTY DISPUTE] - [Ibrahim Koyakutty v. Varghese (1951 K. L. T. 117), Zamindar of Pachipenta v. Maharaja of Jeypore (23 M. L. J. 97)] - The court discussed the conflict between the description of boundaries and the extent of the land in a lease document. It emphasized that the intention of the parties should prevail in determining the extent of the land conveyed, and the description of boundaries cannot be allowed to prevail if it is clear that the intention was to convey the extent mentioned in the document. The court also highlighted the importance of considering the stability and certainty of the description in determining the intention of the parties.

Fact of the Case:

The suit for a permanent injunction was dismissed by the first court but decreed by the lower appellate court. The dispute revolved around the boundaries and extent of a leased plot, with the appellant claiming that the leased area included both plots A and B, while the respondents argued that only 3 cents of land forming the northern portion of plot A was leased.

Finding of the Court:

The court found that the description of the boundaries in the lease document was inconsistent and that some error had crept into the description. It concluded that the leased plot was only 3 cents, based on the clear mention of the extent in the document and the purpose of the lease to enable a kudiyiruppa, supported by the limited number of trees in the leased plot at the time of the lease.

Issues: The main issue was the determination of the extent of the leased plot, specifically whether it included both plots A and B or only 3 cents of land forming the northern portion of plot A.

Ratio Decidendi: The court emphasized the importance of the intention of the parties in determining the extent of the land conveyed in a lease document. It highlighted the need to consider the stability and certainty of the description of boundaries and the circumstances indicating the intention of the parties.

Final Decision: The court confirmed the lower appellate court's decree, dismissing the second appeal with costs.

Judgment :-

1. This second appeal arises out of a suit for a permanent injunction which was dismissed by the first court but decreed, on appeal, by the lower appellate court. Defendant 1 is the appellant. The case has been argued by both sides before me with reference to Ext. A2 plan and so I am also making use of that plan for stating the case. Plots A and B in Ext. A2 are comprised in survey No. 1411/1A and measure in all 23 cents. Plot A lies in the northwestern portion of this survey number and is bounded on the east and south by plot B. On the north plot A is bounded by a lane and the major portion of that plot is bounded on the west by a property belonging to one Kunhikutty Amma. South of Kunhikuttv Amma's property there is another property shown in the plan as Thankamma's kudiyiruppa and that property lies to the west of the southern portion of plot A and to the west of that part of plot B which lies south of plot A. The property to the south of plot B is a teak plantation which admittedly belongs to the plaintiffs. To the east of plot B lies survey No. 1411/1B which is shown as Koman Nayar's kudiyiruppa in Ext. A2. Koman Nayar purchased this plot, i. e., survey No,1411/IB, from one Chettiar, and till his purchase that property was known as Chettiarsthalam. On the north plot B is bounded by the same lane which runs along the northern boundary of plot A. The line MNP in Ext. A2 is the northern boundary line of plots A and B, the line MN being the portion forming the northern boundary of plot a and the line NP being the portion forming the northern boundary of plot B. Plaintiff 1 is admittedly the jenmi of plots A and B. In 1931 she gave a verumpattam lease, Ext. Al, in favour of one Lekshmi Amma, and the main dispute in the present case is the identity of the plot she leased thereunder. In the lease deed the boundaries of the leased plot were given as the lane on the north, Chettiarsthalam on the east, plaintiff's own land on the south and Kunhikutty Amma's property on the west, and the extent was given as 3 cents. The rent stipulated is Re. 1/- per year. The plaintiffs' case is that the lease under Ext. Al was for a kudiyiruppa for Lekshmi Amma and that only 3 cents of land forming the northern portion of plot A alone was leased thereunder. By successive assignments, defendant 1 has now obtained the rights of Lekshmi Amma under Ext. Al. His case is that what was leased under Ext. Al was the whole of survey No. 1411/1 A, i.e., both plots A and B, and not merely 3 cents, and in support of this case he relies upon the description of the property in some of the subsequent assignments, including the last assignment executed in his own favour by his immediate predecessor, defendant 2. In the assignments relied upon by him the extent of the property is mentioned as 23 cents and the boundaries are described in the same manner as in Ext. Al. Ext. BI dated 4-5-1949 is the assignment which defendant 2 got, and Ext. B2 dated 18-6-1951 is the assignment defendant 2 has executed in favour of defendant 1. Dw. 2 is defendant 1's father. Both sides admit that, at the time of the execution of Ext B2. there was a fence along the MNP line for preventing cattle from straying from the lane into the land on the south. Dw. 2 says that after taking Ext. B2 he pulled down the fence along the MNP line for repairing and putting up a new fence along the whole line. Alleging that, after taking Ext. B2, defendant 1 was attempting to take forcible possession of plot B which was in the possession of plaintiff 1 and he was interfering with the fence along the NP line in order to make out that plot B also belongs to him and is in his possession, plaintiff 1 and her son, plaintiff 2, brought the present suit for a permanent injunction to restrain defendants 1 and 2 from taking possession of plot B and interfering with the fence along the NP line. Defendants contended that plot B also was included in Ext. Al lease, that ever since the execution of Ext. A 1











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