Kanhaiya Singh, J.

1. This is a second appeal by the defendant arising out of a suit for declaration of title and confirmation of possession or in the alternative, recovery of possession over 0.79 acre of land forming the western part of plot 1027 situate in village Kitadih. The facts of the case He in short compass. The disputed land along with other lands constituted occupancy holding of Bikram and Ganesh Manjhi who were full brothers and was recorded jointly in their names, but with a note of their separate possession over different plots in the Remarks column of the khatian (exhibit 6), since they were separate. Bikram was also the Pradhan (landlord) of the village.

On his death, his son Dasmath became the Pradhan. Ganesh owed Rs. 300 to plaintiff 1. He defaulted in rerpayment of the loan, but by mutal agreement between them expressed in a registered instrument dated 15-12-44, he was allowed time for payment of the loan by Magh of 1351 fasli. This agreement (exhibit 1) provided that if he failed to pay by the appointed day, he would surrender a portion of the plot in suit to the landlord, that is to say, to his nephew Dasmath, and cause it to be settled with plaintiff 1