Rai, J.

1. This appeal was heard by a Division Bench of this Court presided over by Mr. Justice Ahmad and Mr. Justice Misra but, as there was difference of opinion between the two learned Judges, the appeal has been placed be-fore me.

2. In order to appreciate the points raised at the bar before me it is necessary to state briefly the relevant events preceding the institution of the suit which gave rise to the present appeal. On 30-11-1867, Raja Enayet Hussain executed a will by which he made provisions for various persons including one Mt. Bibi Phuso who was born of the womb of a kept mistress of the Raja. The salary of Rs. 200.00 per month granted to Bibi Phuso under the will was paid to her as long as she was alive. After her death there was some agreement between; Syed Ata Hussain, the legitimate son of Raja Enayet Hussain, and Sk. Salamat Hussain, husband of Bibi Phuso by which the latter was accepted to have inherited half of the monthly grant of Rs. 200.00 payable to Mt. Bibi Phuso. On this basis Salamat Hussain was paid Rs. 100.00 per month by Ata Hussain who was in possession of the estate of Raja Enayet Hussain as the sole legatee under the will dated 30-11-1867.