Miller, J.

1. The District Judge decided the case on the 2nd issue only and has construed Exhibit A as meaning that the plaintiffs father madea gift of the village free of land tax to the donee until the donor obtained separate registration of the village by the Collector and apportionment of the peishcush. The condition in the gift is " we should get the village sub-divided in your name (we being the Zemindar), you should pay to the Government the peishcush fixed thereupon according to the said sub-division." The Zemindar made the gift in 1890 and died in 1898 and during all that time the donee remained in possession of the village and paid no portion of the land tax. The conduct of the Zemindar, which may be looked to aid in construing the document, supports the construction which the District Judge has put upon it, and that is that so long as the village remained an unseparated part of the zemindar, the zemindar was to pay the land-tax. But he had the option of obtaining from the Collector separate register and that may well imply an obligation on the donee to concur in his application to the Collector for that purpose. Then in 1901, the Manager of the estate under the Co