JUDGMENT

Rankin, J. - In this case, the defendant appeals from a decision of the District Judge of Nadia reversing a decision of the Munsif of Ranaghat. The plaintiff brought the suit for a sum of money as duo to him by the terms of a document called ekrarnama. That document is dated the 28th March, 1891, and contemporaneously with it on the same day there was a conveyance of certain land by the predecessor-in-title of the plaintiff to the predecessor of the defendant. The terms of the ekrarnama have been discussed in the judgments of the Courts below and the first question is the question of construction. It is to be observed that the conveyance contains no reference whatever to any such covenant as I am now about to read from the ekrarnama. The ekrarnama which was executed by the defendant's predecessor-in-title was as follows : "When you expressed your dosire to sell your share of the putni and jamai right in mouza Goid, village Salua Parga Ukhara, I had promised before you that, if the above share was sold to me by you, I and my heirs and legal representatives shall pay you and your legal representatives for the sheba of the Jugal Kishore Thakur the sum of rupees twenty yearly,