Subrahmania Aiyar, J.

1. The point for decision in appeal is whether the respondents liability as trustee to pay to the appellant the sum of Rs. 100 in accordance with the directions of the respondents sister who left him her property subject to that trust, was extinguished as found by the District Judge. No evidence, oral or documentary, appears to have been produced to show that there was between the parties any agreement to extinguish that liability. The sole circumstance in which the Judges decision that it was extinguished rests is the fact that subsequent to the creation of trust, the appellant took from the respondent, Exhibit A, a hypothecation bond for the sum in question which was made payable within a year from the date of the document with interest at 3 per cent, per annum and enhanced interest at 21- per cent, in default of payment within the time fixed. Now, is this circumstance by itself sufficient I legal evidence to show that the parties had come to an agreement that the trust obligation was to cease. The rules bearing on questions like the present will be found succinctly stated in Pothier on Obligations and Donats Civil Law in those parts of the treatises