REILLY
U. Latchayya – Appellant
Versus
G. Seethamma – Respondent
Reilly, J.
1. In 1906 the brother of defendant 1 mortgaged some land to the mother of the three plaintiffs. After their mothers death the plaintiffs in 1919 brought a suit for sale on that mortgage, O. S. No. 302 of 1919, on the file of the District Munsif of Razole, and got a preliminary decree. There was no appeal against that decree. Not long after that decree had been made the plaintiffs discovered that in the mortgage deed Survey No. 106 had been entered by mistake for Survey No. 168, and that that mistake had been repeated in their plaint and in the decree which they had obtained. They then brought the present suit, praying for rectification of the mortgage deed by the substitution of Survey No. 168 for Survey No. 166 and for a similar rectification of the decree in O.S. No. 302 of 1919. It was found both by the District Munsif and by the Subordinate Judge on appeal in the present suit that there had been a common mistake by the parties to the mortgage deed and that in consequence of that mistake Survey No. 166 had been entered in the deed when the parties intended to deal with Survey No. 168. That finding of fact in regard to the common mistake made is binding upon us
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