Miss Kamlesh Sharma, J.—This Regular Second Appeal is directed against the decree and judgment dated 14-11-1990 passed by the District Judge, Hamirpur, whereby the appeal of the respondents-defendants was accepted and the decree and judgment dated 28-12-1985 of Sub-Judge (II), Hamirpur was set aside. The Sub-Judge had decreed the suit of the original appellant-plaintiff Smt, Krodhu for declaration to the effect that she is owner in possession of the land in dispute and also for possession thereof. The land dispute comprises land measuring 3 Kanals 1 Maria situated in Tika Hatli, Tappa Galore, 2 Kanals 2 Marlas situated in village Lehra Tappa Galore, as detailed in the hearing of the plaint. Smt Krodhu had died during the pendency of the appeal and Smt. Bimla Devi wife of Gian Chand has been substituted in her place as her legal representative.

2. The facts of the case are not in dispute that Smt. Krodhu was the owner of the land in dispute and she had given it to Jai Ram, predecessor in interest of the respondents, for cultivation vide agreement dated 4-3-1954. As per the agreement Jai Ram was to provide maintenance to Spit, Krodhu in the shape of 9 Maunds (Kacha) of Maize