SMT. ISHWARI DEVI versus SMT. SARLA DEVI AND ORS.

SMT. ISHWARI DEVI versus SMT. SARLA DEVI AND ORS.

The sale deed executed by Churu Ram expressly and unequivocally conveyed the entire Anand Bhavan building, consisting of four flats, to the appellant. The mention of '4 biswas' in the deed was a clerical error based on revenue records, and did not limit the subject matter of the transfer. The entry of 3 biswas in Khasra No. 491 in the name of the vendor was manipulative and did not reflect true ownership or intention. Therefore, the appellant became owner of the entire property and title vested in her.

Parties
Appellant: SMT. ISHWARI DEVI; Respondent: SMT. SARLA DEVI; Respondent: Sant Ram; Respondent: Salig Ram; Respondent: Bali Ram; Respondent: Amogh Chand
Jurisdiction
India
Judgment Date
14 December 1994
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Himachal Pradesh High Court Judgment in R.s.a. No. 70 of 1994
Outcome
Appeal allowed. Orders of the First Appellate Court and High Court set aside.
Legal Topics
Transfer of Property, Interpretation of Sale Deeds, Title to Immovable Property, Eviction, Revenue Records
Property Law Transfer of Property Interpretation of Sale Deeds Title to Immovable Property Eviction Revenue Records

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Parties

SMT. ISHWARI DEVI

Appellant

SMT. SARLA DEVI

Respondent

Sant Ram

Respondent

Salig Ram

Respondent

Bali Ram

Respondent

Amogh Chand

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Himachal Pradesh High Court Judgment in R.s.a. No. 70 of 1994

Legal Issues

  1. 1 Whether the sale deed executed by Churu Ram in favour of the appellant transferred the entire Anand Bhavan building or only 4 biswas of Khasra No. 613
  2. 2 Effect of misdescription or ambiguity in area mentioned in the sale deed on the title of the appellant

Ratio Decidendi

The sale deed executed by Churu Ram expressly and unequivocally conveyed the entire Anand Bhavan building, consisting of four flats, to the appellant. The mention of '4 biswas' in the deed was a clerical error based on revenue records, and did not limit the subject matter of the transfer. The entry of 3 biswas in Khasra No. 491 in the name of the vendor was manipulative and did not reflect true ownership or intention. Therefore, the appellant became owner of the entire property and title vested in her.

Court Disposition

Appeal allowed. Orders of the First Appellate Court and High Court set aside.

Orders

  • Plaintiff's suit for declaration and injunction dismissed.
  • Appellant entitled to costs throughout.