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1 - 7 of 7 (0.21 seconds)Section 127 in The Code of Civil Procedure, 1908 [Entire Act]
Section 3 in The Code of Civil Procedure, 1908 [Entire Act]
Section 114 in The Indian Evidence Act, 1872 [Entire Act]
Gomathy Ammal Gomathy Ammal vs Rukmini Amma Padmavathi Amma And Ors. on 1 February, 1966
21. It is true that generally when there is a conflict between area and
boundary, the boundary will prevail. However, as held in the decision in
Savithri Ammal (supra) and Chandrakumar (supra), the above rule is
not an inflexible one. In the present case, the properties of the defendants
could be clearly identified using the boundaries given in Exts.A2 and A3,
while it could not be identified using the area given in the document. In
the above circumstances, it is to be held that in the present case, the
principle that "when there is conflict between area and boundary,
boundary will prevail" squarely applies.
Iqbal Basith vs N. Subbalakshmi . on 14 December, 2020
In the above circumstances, an
adverse inference is liable to be drawn against the defendants under
illustration (g) to Section 114 of the Indian Evidence Act [Ramesh
Kumar & Anr.v Furu Ram & Anr. 2011 KHC 4718; Iqbal Basith
and Others v. N. Subbalakshni and Others, 2020 KHC 6709]. In the
facts and circumstance of the case, non-examination of the plaintiffs is
also crucial and fatal to the plaintiff's case.
Chandrakumar vs Narayana Bahuleyan on 24 March, 2011
21. It is true that generally when there is a conflict between area and
boundary, the boundary will prevail. However, as held in the decision in
Savithri Ammal (supra) and Chandrakumar (supra), the above rule is
not an inflexible one. In the present case, the properties of the defendants
could be clearly identified using the boundaries given in Exts.A2 and A3,
while it could not be identified using the area given in the document. In
the above circumstances, it is to be held that in the present case, the
principle that "when there is conflict between area and boundary,
boundary will prevail" squarely applies.
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