- (1.) Leave granted.
(2.) Plaintiffs in the suit are Appellants before us. They filed a suit which was marked as OS No.1132 of 1974; in all 10 reliefs were prayed for. We are concerned herein with reliefs no.8 and 9. Relief no.8 was in respect of a land admeasuring 15-1/2 ft. x 21 ft. whereas relief no.9 was in respect of a land admeasuring 40 ft. x 20 ft. The said lands were allegedly purchased by the predecessor in interest of the appellants by a deed of sale dated 16.9.1935. In the said deed of sale the properties in question have been described as under : "In Tiruchirappalli District, Srirangam Sub District, Tiruchirappalli Taluk, Thimmarayasamudhram Village, Srirangam Municipal Second Ward, Ayan Punja, in T.S. No.1960/1, out of 24 cents the 8 cents on the western side, Ayan Punja in T.S. No.1960/4 out of 6 cents, 3 cents on western side, within this a thatched house vacant site including the brick wall, door on the east to west side etc. along with common pathway rights in the above T.S. Nos. belongs to the property for 8 cents set out about four boundaries are as follows: NORTH of Velayutham Pillai land; SOUTH of Rajarethinam Pillai land; WEST of Pitchaikara Pillai land; and EAST of Municipal lane."
(3.) This suit was decreed only in relation to reliefs no.6, 8 and 9. An appeal was preferred thereagainst by the appellants. A cross-objection was also preferred by the respondents. Both the appeal and the cross objection were dismissed by the First Appellate Court. A Second Appeal was preferred their against by the appellants in the High Court of Madras which was marked as SA No.1674 of 1982. Some of the respondents also preferred cross objections. The High Court by reason of a judgment and decree dated 16.9.998 while dismissing the appeal preferred by the appellants herein allowed the cross-objections of the respondents in respect of the reliefs no.8 and 9. In a special leave petition filed by the appellants before this Court it was argued that even the provisions of sub-section (4) of Section 100 of the Code of Civil Procedure would be attracted to in relation to the cross objections. The said contention was accepted by this Court and the matter was remitted to the High Court for framing an appropriate substantial questions of law. The questions of law formulated by the High Court are as under : "(1) Whether the lower appellate Court was right in law in ignoring the documentary evidence relating to description of the suit item Nos.8 and 9 and misreading the evidence of D.W.2 to come to the conclusion that the appellants are entitled to the reliefs, the subject matter of Cross Objection (2) Whether the lower appellate Court s conclusions are initiated by non-consideration of the Evidence on record more particularly the description of property in Exs.A1, A2, A3, A17, A18 and A21 -;