K.Ahmad, J.

1. In this appeal the only question raised is how far a covenant by a lessee in a registered document of lease to pay zare chaharam to the lessor in case of any sale or transfer by him of that leasehold interest is binding on and enforceable against his assigns and transferees.

2. The facts giving rise to this case are now practically admitted and they are as follows. There was one Kanhaiya Prasad Sahu, who, on the records of this case, is represented after his demise by his son, the plaintiff respondent first party. He was the sixteen annas proprietor and landlord of village Mohammadpur Kazi in the town of Muzaffarpur hearing tauzi No. 11093. Therein he owned and possessed certain zirat and bakasht lands. Out of them, about 9 kathas of zirat and bakasht lands were settled by him with one Basanto Kumar Chatterji, the father of the defendants respondents second party, under two sets of registered pattas and kabuliats dated 28-6-26 and 1-7-27.

The patta and kabuliat corresponding to 28-8-26 have been marked on the record as exhibits 1 and 1/a while those corresponding to 1-7-27 have been marked as exhibits A and A/1 respectively. Under the former the area given in