In Brief
The plaintiff sought specific performance of a 1992 sale deed for specific property areas in a complex. The dispute centred on whether 'built-up area' included common spaces like lobbies and corridors. Initially, the plaintiff accepted that it did; later he disputed this. The defendant then agreed to the plaintiff's revised interpretation. The High Court held the plaintiff bound by his initial acceptance. The Supreme Court reversed this, holding that a party can raise a dispute on an undefined concept, and once the other party accepts that new position, neither can resile from it. The Court remanded the matter for recalculation of the area to be transferred, excluding common areas."
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