ORDER

1. The only question raised in this special leave is that since the predecessor-in-interest of the respondents attested the sale deed, Ex. A-2 on favour of the petitioners predecessor-in-interest it must be held that he did so with the knowledge of the contents of Ex. A-2. Ex. A-2 undoubtedly recites that purchasers thereunder shall have a right of way through the respondents land. Reliance for the above proposition is placed on (Kandasami Pillai v. Nagalinga Pillai [ILR (1912) 36 Mad 564 : 16 IC 30] were the learned Judge stated the principle thus :

"I am also of opinion that having regard to the ordinary course of conduct of Indians in this Presidency, attestation by a person who has, or claims, any interest in the property, covered by the document must be treated prima facie as a representation by him that the title and other facts relating to title recited in the document are true and will not be disputed by him as against the obligee under the document."

2. It is also brought to our notice that in a subsequent case, the same learned Judge made the following further observations :

"I may respectfully say that, in my pretty long experience as a Judicial Officer, if the att