JUDGMENT

Rankin, C.J. - In this case the appellant, J.C. Galstaun, was defendant in title suit No. 3 of 1918 in the Court of the Subordinate Judge at Alipore. The case had reference to certain land situate to the south of premises belonging to the appellant and was settled in terms of a petition of compromise filed on 28th November 1918.

2. Reading the petition of compromise as it now stands, and as it stood on the date of the decree, the first word of the third line on the third page is the word " whole " and the effect of the petition so read has been held to be that while the respondents were to give certain land to the appellant the appellant was to give in exchange an equal quantity of land from the land abutting certain roads, but if this land of the appellant was not sufficient to equalize in area the land which the appellant was to receive, then the appellant would pay for the whole of the land which he was to receive at a certain price. The respondent's contention is that the word "whole " in the place where it occurs as above mentioned has been substituted for the word ' balance " the real bargain between the parties being that the appellant was to give to the respondents f