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In its 1995 decision in Induben Ashokrao Nalvade v. Dhirajlal Shivlal Surati, the Supreme Court read a…

The later agreement provided for release from the mortgage and sale of the house. The Court read its recitals together with the earlier agreement and the additional…

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In its 1995 decision in Induben Ashokrao Nalvade v. Dhirajlal Shivlal Surati, the Supreme Court read a later sale agreement that clearly referred to the whole mortgaged house but ended with an inaccurate property description. How did it determine what the parties agreed to sell?

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Answer and explanation

Correct answer A

The later agreement provided for release from the mortgage and sale of the house. The Court read its recitals together with the earlier agreement and the additional consideration.

On those facts the inaccurate final recital did not narrow the agreement to the ground floor. The Court held that the parties agreed to sell the entire house.

Option feedback

Option A

The clear recitals about release and sale of the mortgaged house prevailed over the inaccurate final description.

Option B

The Court considered that line in context and concluded that it did not narrow the clear recitals identifying the whole house.

Option C

The Court could identify the entire mortgaged house from the agreement and the transaction.

Option D

The Court enforced the later agreement and modified the decree to include the entire house.

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