1. In the suit out of which this appeal arises the plaintiffs alleged that on the 81st July, 1921, there was a registered lease granted by the father of plaintiff No. 1 in favour of the defendant for the purpose of homestead. Both the patta and the kabuliyat were registered and one of the terms and conditions of the lease was that the lessor would re-enter on the land it it was required for the purpose of hat and the lessee would vacate the same, and in that case the lessee would he entitled to money value of any construction that might be existing thereon. The relevant clause of the kabuliyat is to the following effect: -

"10. That I have taken settlement of the said land for the purpose of dwelling therein and should I fail to construct a dwelling house on the said land within one year and from the date of settlement, you shall, without the help of the Court bring the said land under your khas possession or make another settlement thereof. No claim for the refund of the amount of salami or any other kind of plea or objection raised by me or by my heirs shall be valid. As the said land is near the katras hat and should you require the said land in future for the said that,