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1977 Supreme(Mad) 446

V.BALASUBRAHMANYAN
The Church of South India Trust Association through its power of Attorney Agents Rev. C. E. Soundiraraj and another – Appellant
Versus
Raja Ambrose (died) and another – Respondent


Advocates:
T. R. Mani, for Appellants.

Judgment.-This second appeal concerns the proper construction of a deed of sale of an item of immovable property. The purchaser in this case was the Church of South India Trust Association. The seller was one Annathai Ambrose. The sale was effected on 3rd September, 1957 for a lumpsum consideration of Rs. 10,000. The subject of sale was a block of punja land in Goripalayam in Madurai Town. The land was in T.S. No. 157112. The whole of that survey number was of the extent of 1 acre and 21 cents. The whole of it belonged to the vendor, Annathai Ambrose. Under the conveyance, however, she sold to the Church Association only a part of T.S. No. 1571 j2 as therein described. The deed was drawn up in Tamil. It had a schedule which gave both the extent of the land and its boundaries. The extent, as mentioned in the sale deed, was 46 cents or about 20,000 square feet. The boundaries described in the schedule were with reference to the then existing landmarks. On the northern and eastern sides of the land in question there were other lands belonging to third parties, and they carried their own distinct survey numbers. In the schedule to the sale deed they were so described. The boundaries on
























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