Appellate Judge that the Commissioner has shown the suit property as the one which measures east-west 18 ft and northsouth 82 ft. But in reality, the suit property as seen from the suit schedule, would measure east-west 35 ft and north-south 55 ft in R.S.No.209/4 and new S.No.209/5. Though the New Survey numbers in which the patta was granted to the first respondent/plaintiff relates to S.Nos.209/5 and 209/6, the plaintiff was able to produce documents showing new S.No.209/5 only. However, at the time of filing the First Appeal, he produced the patta relating to S.No.209/6 also and filed a petition to receive that as an additional document and that has been received by the Court as Ex.A5. There is no confusion in the extent of the property described in Ex.A1 – sale deed. In the said sale deed also, the measurement of the suit property is shown as east-west 35 ft and north-south 55 ft (4 ½ cents). The property which was claimed by the appellant through the Will is said to be situated in S.No.209/1 and its measurement is shown as east-west 18 ft and north-south 42 ft. The property shown in Ex.B1 – Will has no relevance to the suit property either in terms of the survey number or in terms of its measurements.
