Legal Thesaurus

False demonstratio

In Wali Mohammed v. Gyan Prakash Naga Babaji, [AIR 1954 Pat 399], it was held by the Patna High Court : “The ordinary rule is that an erroneous statement as to area will not vitiate sufficiently certain definition of land by boundaries granted in a deed, but where dimensions are an essential part of the description they cannot be rejected as ‘falsa demonstratio’ .” In a case of description where there is an ambiguity as to the area of the land acquired, the ambiguity may be resolved by election of one of the parties. Evidence is admissible to show that the uncertainty of the description of the land has been solved by one of the parties exercising the election.

If the land actually taken up by Government is different from that mentioned in the declaration issued under the Land Acquisition Act, the proceedings of the Collector are void. [Gajendra Sahu v. Secretary of State, 8 Cal LJ 39 and Harishchandra v. Secretary of State, 11 CWN 875].

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