The Apex Court, in the recent case of Kamal Kishore Sehgal (D) Thr. Lrs. & Ors. Versus Murti Devi (Dead) Thr. Lrs., held that for the purpose of interpretation of an instrument/ document where the language used therein is clear and unambiguous, only that clear expression of words shall be contemplated for the purpose of interpretation, and not the surrounding circumstances.

The Hon’ble Court primarily concerned itself with the interpretation of recitals contained in a sale deed for one of the portions of a plot divided into two (2) equal halves. While setting aside the order of the High Court and restoring that of the Trial Court, the following pertinent observations were made :

“It is a cardinal principle of interpretation that where the language employed in the instrument is clear and unambiguous, the common literary meaning ought to be assigned in interpreting the same and one should not fall back on any other inference…In short, literal construction must be considered first, rather than going into the intention behind what is said in the instrument/document if the language of the instrument is clear and unambiguous”