How to execute decree if description of suit property is vague?

 These principles of law would apply to a case wherein the description of the suit property is vague or the suit property is unidentifiable and the mistake has been corrected by the executing court or the clarification has been given by the executing court which amounts to going behind the decree. Similarly, these principles of law would not apply where description of the suit property is clear and the property is identifiable. Between these two categories of cases, there could be an intermediate category where there is some doubt about description of the property. In such intermediate category of cases, the executing court can make efforts to remove the doubt by examining the pleadings of the parties and the findings recorded by the court passing the decree. Some time in such cases, there arises a conflict between the area and boundaries of the suit property. In case of such a conflict, the law is that statement as to boundaries shall prevail. 

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Writ Petition No. 1209 of 2018

Decided On: 05.12.2018

 Shaikh Jalil  Vs. Mohamed Rizwanul Haq and Ors.

Hon'ble Judges/Coram:

S.B. Shukre, J.
Citation: 2019(4) MHLJ 348

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Whether in case of conflict between area and boundary,description of boundary shall prevail?

 Reference may be made to the cases of Gossain Das in (1913) 18 Cal LJ 541, 59 Cal LJ 532 at p. 534 : (AIR 1934 Cal 851 at p. 852) and 52 Cal WN 719 at p. 722 : (AIR 1948 PC 207 at p. 209) to show that in case of conflict between the area and the boundary, the description of the boundary will prevail. It will be pertinent to point out that the Bench decision of our Court in (1909) 10 Cal LJ 570 was set aside by the Judicial Committee in the case in (1913) 40 Ind App 223 (PC) on a different point and not on the question of conflict between the area and the boundary. So this branch of the appellant's arguments is not accepted.
Calcutta High Court

Roy And Co. And Anr. vs Sm. Nani Bala Dey And Ors. on 31 August, 1978

Equivalent citations: AIR 1979 Cal 50

Bench: B Maitra

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