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1923 Supreme(Mad) 440

KRISHNAN
Subbayya Chakkiliyan – Appellant
Versus
Maniam Muthiah Goundan – Respondent


JUDGMENT

Krishnan, J.

1. The question that has been raised before us is what exactly is the land that was purchased in Court-auction under Ex. II, the Court sale certificate. This certificate describes the land in the following terms:

In Coimbatore district, Ganapathi Sub-District, Coimbatore Taluq, Annuparapalayam village, situate to the north of the east to west main road, west of Venkataswami Goundans House, south of the temple and east of Kahannans land; lying within these and belonging to the defendant measuring 12 cubits east to west and 24 cubits north to south, together with 1 thatched shed herein ". It was contended before the lower appellate Court and that Court has given effect to that contention, that what was sold was only the extent mentioned in the land falling within the boundaries given and not the whole of the land within those boundaries. It is not pretended that the whole of the land within the boundaries mentioned did not belong to the judgment-debtor; but, because the measurements given are smaller than the measurements as taken now it is claimed by the plaintiffs temple that all the land within the four boundaries mentioned in the above description over and abov

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