JUDGMENT :- This appeal is directed against the judgment and decree of the learned Subordinate Judge, Nagarcoil in A. S. No. 991 of 1957, which arose out of the decision of the District Munsif of Nagarcoil, in O. S. No. 60 of 1953. The facts, in so far as they are relevant for the disposal of the second appeal are briefly the following. The suit property is Survey No. 13911/A. 29 cents in extent, in the village of Needukara. On 22-1-1941, under the sale deed Ex. A. 1, first defendant purchased a property, the description of which is in the following terms :

"Out of 14-1/2 cents forming the western half of Survey No. 13911/A after excluding 7-1/2 cents acquired for Circar road, 7 cents which have not yet been sub-divided and which are situate to the west and east of the road."

It is common ground that actual measurements made during the trial of the suit by the Commissioner of the road which cut across the above survey number diagonally from north-east to south-west came to only 4-1/2 cents. Therefore, as against the 7 cents which, according to the calculation in the sale deed, Ex. 1, would remain after excluding the road portion, the actual portion which remains is 10 cents.