Naseem Kahnam vs Zaheda Begum (D) 2024 INSC 492 – Interpretation Of Deed

Contract Law –In interpretation of a deed, the question is not what the parties to the deed may have intended to do by entering into that deed, but what is the meaning of the words used in the deed. The Court can understand the true intent of the deed only by the words used in the deed. It does not matter what the parties, in their most state of mind, thought what the terms meant. They may have meant different things, but still the terms or the language used in the deed should bind them. It is for the court to interpret such terms or language used in the deed – in construing a document, the fundamental rule is to ascertain the intention from the words of the deed; the surrounding circumstances are to be considered but that is only for the purposes of finding out the meaning of the words which have been actually employed in the deed. (Para 13-14)

Leave a Comment

Your email address will not be published. Required fields are marked *