JUDGMENT :

A.K. Rath, J.

This is plaintiffs’ appeal against a confirming judgment. The suit was for declaration of title and confirmation of possession.

2. The case of the plaintiffs was that they are owners of the suit lands. The defendant was their god-son. Taking advantage of the relationship, the defendant persuaded them to allow him to cultivate the suit lands to protect them from the clutches of intruders on execution of the document in his favour. In good faith, they agreed to execute a registered agreement with the condition that the defendant would cultivate the same for a period of three years on payment of Rs.1000/- per year towards Rajbhag to them. It was further agreed that the defendant would pay Rs.400/- in advance to be adjusted from the Rajbhag of the plaintiffs. Accordingly, they with their son Umesh executed the document on 6.3.74 in favour of the defendant. The document was scribed by the defendant. They signed on it and their son attested it. The contents thereof were not read over to them. The ticket for return of the document was retained with them. The defendant agreed to pay advance of Rs.400/- within a few days. The defendant took possession of the suit lands