DESIKHACHARYULU Vs. NARASIMHACHARYULU

JUDGEMENT

(1.) THE defendants are the petitioners. The suit was instituted by the respondents herein, for recovery of a sum of Rs. 702 -2 -8 on the ground that the land agreed to be sold to him fell short of 17 cents. In the agreement of sale entered into between the parties, it was specifically provided that an extent of 1 acre and 10 cents would be conveyed at the rate of Rs. 4,500/ - per acre. It further provided for adjustment of the price in case the extent was found to be more or less than 1 acre and 10 cents. When the sale deed was executed, these clauses in the agreement of sale were not repeated.

(2.) THE main argument of Sri Y.G. Krishna Murthy, the learned advocate for the petitioners, was that as the land within the specified boundaries was sold, the description as to measurement is immaterial even if inaccurate and the plaintiff is not entitled to recovery of sale consideration on the ground of deficiency. His further argument was that the agreement of sale ought not to be looked into for determining what was agreed to be sold.

(3.) THE facts of the case are directly governed by the decision in re, Turner and Skelton,, (1880) 13 Ch. D. 130(A). The head -note correctly sets out the point decided, and is in the following terms: - -