JUDGMENT

Graham, J. - This is an appeal by the plaintiff from a decision of the Subordinate Judge of Jalpaiguri reversing a decision of the Munsif, 2nd Court, Jalpaiguri, and arises out of a suit brought by the plaintiff to set aside a kabala on the ground that it was obtained by fraud, misrepresentation and undue influence. The plaintiff was a tenant of the defendant and her case was that she was tricked into executing a document which aha believed to be a mortgage bond on a representation made by the defendant that he had got a decree against her for Rs. 500 and that upon that pretext the document was executed by her. It proved however eventually to be a kabala whereby she disposed of her entire properties including her homestead. The defence was that the kabala in question was executed for good consideration which consisted of : (1) a debt of Rs. 117 due in respect of two bonds; (2) a debt for arrears of rent and (3) a sum of Rs. 112 odd in cash. The trial Court upon a consideration of the evidence and all the circumstances of the case came to the conclusion that no consideration had been paid to the plaintiff and that she had been tricked into executing the kabala under the beli