( 1 ) THIS is an appeal from the decision of the learned Additional District Judge at Suri in Title Appeal No. 59 of 1971 affirming the judgment and decree of the learned Munsiff. First Court at Rampurhat by which he has decreed the Title Suit No. 163 of 1968 for a declaration of title and permanent injunction.

( 2 ) THE only point that arises in this appeal relates to the construction of the terms of a deed of settlement. Admittedly the disputed tank in plot No. 1390 of Mouza Karkariya. 8 annas share in which is the subject matter of the suit, originally belonged to Janaki and Aghor Nath Baneriees who were two brothers. Janaki executed a deed of settlement dated 25th Aug. 1918 (8th Bhadra 1325 B. S.) in respect of his 8 annas share in the disputed tank and other properties in favour of his wife Brojendra Bala and son Dhwajadhari. The relevant recitals in the said deed of settlement are as follows:--"tumi Srimati Brojendra Bala Debi Adya Nija Jibankal Parjanta Nicher Likhita Sampattite Swatwabati Thakia Tahar Jabatiya Utpanna Grahanadi Jadechcha Bhog Dakhal Karibe 0 Tomar Ante Oi Sakal Sampattite Amar Putra Tomi Sriman Dhwajadhari Bandyopadhyay Dan Bikrayadi Ha