'Recitals carry evidentiary importance in the deed. It is an evidence against the parties to the instrument and those claiming under and it may operate as estoppel.' Write a detailed note on this statement with reference

Recitals contain the brief history of the property up to its vesting into its transferors. Care should be taken that recitals are precise and intelligible. Recitals precede the operative part and as a matter of fact contain the explanation to the operative part of the deed. Any inaccuracy in the recitals may act as estoppels under section 115 of the Evidence Act. Recital offers good evidence of facts recited therein. Recitals are not generally taken into evidence but are open for interpretation for the courts. If the operative part of the deed is ambiguous anything contained in the recital will help in its interpretation or meaning. In the same sense, it is necessary that where recitals contain chronological events that must be narrated in chronological order. Supreme Court in Provash Chandra Dalui v. Biswanath Banerjee [1989 Supp (1) SCC 487] laid down the following proposition:- 'Ex praecedentibus et consequentibus optima fit interpretatio'. The best interpretation is made from the context. Every contract is to be construed with reference to its object and the whole of its terms. The whole context must be considered to ascertain the intention of the parties. Thus recital carry evidentiary importance in the deed. It is an evidence against the parties to the instrument and those claiming under and it may operate as estoppels [ Ram Charan vs. Girija Nandini, 3 SCR 841 (1965) ]