Judgment

JAGANNATHA SHETTY, J. :- This appeal by Special Leave has been preferred against the judgment dated August 2, 1971 passed by the High Court of Madras in O.S.A. 37 of 1963 (reported in AIR 1972 Mad 162).

2. The facts briefly stated are

Under Exhibit P. 2 dated May 24, 1929 Nagappa Naicker purchased from Manicka Naicker and his sons nanja lands in old Survey Nos. 187 and 188 (R. S. No. 3859) an extent of about 3/8 cawnie, roughly about 9 grounds for Rs. 275/-. It was recited in the document that the property was not fetching any income, that irrigation from the tank had failed and that as the property was a pit which required Rs. 2,000/- to fill, it was sold for meeting certain family expenses. The boundary of the property was given as north of Government Macleans Garden, west of the fields of Thanappa Naicker and Srinivasa Naicker, south of the field of Srinivasa Naicker, and last of the road, Ramanatha Mudaliars vacant land and Masilamani Gramanis house. It may be noted that the resurvey number was given as 3859.

3. On May 14, 1941 Nagappa died. Jagdambal appellant is the widow of Nagappa. She instituted the suit C. S. No. 52/1960 which was tried on the original side of the Ma