JUDGMENT

S.N. Variava, J.-This Appeal is against a Judgment dated 30th April, 1998.

2. Briefly stated the facts are as follows:

The 2nd Respondent was the owner of properties bearing Survey No. 7/232 (New) as well as Survey No. 7/229 (New). On 27th February, 1973 the 2nd Respondent sold Survey No. 7/232 (New} to the Appellants. The Sale Deed mentioned the area to be 3341 sq. ft. and also gave certain descriptions of the said property.

3. On 30th April, 1973 the 2nd Respondent sold Survey No. 7/229 (New) to the 1st Respondent. This Sale Deed mentioned that the said property was of an area of 512 Sq. ft. and also gave measurements, of the property.

4. The sale deeds of both the parties mentioned that they had right of ingress and aggress over an open passage which was to the West of the property sold to the Ist Respondent. On 30th October, 1974 the 1st Respondent executed a Release Deed relinquishing all his rights except a right of passage in the open space.

5. The 1st Respondent after purchasing the property put up some additional constructions on the property. The Appellants sent a notice dated 22nd November, 1974 calling upon the 1st Respondent to remove the construction put up