JUDGMENT

Rampini, J. - The suit out of which this appeal arises was brought by the Nawab of Murshldabad to enforce an agreement entered into with him by one Mohant Tulsi Das, the predecessor as shebait of an idol of the present Defendant. The Nawab had obtained decrees for rent against Mohant Tulsl Das. In execution of these decrees he attached certain properties to which Mohant Tulsi Das successfully laid claim as representative of the idol. The Nawab then apparently contemplated the Institution of a suit to establish the title of his debtor, i.e., Mohant Tulsi Das in his personal capacity, to the property; but Tulsi DABS entered into an agreement with the Nawab settling their differences. Mohant Tulsi Das admitted his liability to the extent of Rs. 27,000 paid Rs. 16,000 in cash, and assigned to the Nawab the sum of Rs. 10,000 due to him (Tulsi Das), as rent from the raiyats of the property. As shebait of the idol he guaranteed that if the raiyats did not pay, the balance would be realizable from the debutter property of the Idol. The raiyats paid only Rs. 3,564, so the Nawab sued for the balance. During the pendency of the suit, Tulsi DAS died. His successor as Mohant, Bhagwan DA