DHARMAKANNY NADAR SIVISESHAMUTHU Vs. MAHALINGAM NADAR GOPALAKRISHNA NADAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree of the learned subordinate Judge, Nagarcoil in A. S. No. 991 of 1957, which arose out of the decision of the District Munsif of Nagarcoil, in O. S. No. 60 of 1953. The facts, in so far as they are relevant for the disposal of the second appeal are briefly the following. The suit property is Survey No. 13911/a. 29 cents in extent, in the village of Needukara. On 22-1-1941, under the sale deed Ex. A. 1, first defendant purchased a property, the description of which is in the following terms :

(2.) IT is well established by several decisions of courts that where the boundaries in a document are vague and indefinite, the area should prevail, but where the boundaries are specific and definite the area must be taken as given only approximately vide Bholanath Chattopadhyaya v. Mrityunjay Chattopadhya, 153 ind Cas 532: (AIR 1934 Cal 851 ). A decision of our High Court in Subbaya chakkaliyan v. M. Mutbiah Gounden, 19 Mad LW 245: (AIR 1924 Mad 493) of krishnan and Waller, JJ. has also put the position thus: