JUDGMENT :- This appeal arises from A.S. No.40 of 1957 on the file of the court of the Subordinate: Judge, Dindigul, which was filed against O.S. No.8 of 1957, on the file of we District Munsif Court, Dindigul. The defendant is the appellant herein. The facts are briefly as follows: One Sankaranarayana Pillai owned a block of land comprising of several survey numbers and extending in area, 111 acres and 34 cents. They were entered in patta No.1349 in his name in the revenue records. On 22-7-1943, under the sale deed, Ex.B.23, he sold 87 acres 28 cents out of the said block to two persons, Si Palamandi Thevar and Sa Palamandi Thevar. Subsequently, a document Ex.154 dated 23-8-1949 was executed, by Sankaranarayana Pillai to the two vendees. Since the major controversy in the suit has arisen on account of Ex.B4, its purport has to be given briefly. It states that the entire 111 acres and odd (comprised in the block) were agreed to be sold for Rs.3000 under Ex.B.23, that by mutual mistake, 24 acres and odd, set out in schedule B to Ex.B4, were omitted to be included in Ex.B-23, that Sankaranarayana Pillai was executing the rectification deed Ex.B4 to right this mutual mistake