A.N.Grover, J.

1. This appeal is directed against a decree for Rs. 18,000/- granted in favour of the plaintiff-respondent against the defendant-appellant.

2. According to the allegations of the plaintiff he was appointed in the year 1923 as agricultural adviser of the Balrampur Estate belonging to the defendant with benefit of provident fund contribution by the U. P. Court of Wards and by the plaintiff. The Estate was released from the superintendence of the Court of Wards in the year 1937 and thereafter the defendant agreed to retain the plaintiff as agricultural adviser and he continued in service of the Estate. The plaintiff was given an option either to continue to enjoy the benefit of the contributory provident fund as before or to agree to accept on retirement such pension as might be fixed by the defendant at the time of retirement "or in default of such fixation, as may be permissible under the rules of the Raj on the condition of the plaintiff refunding the amount contributed by the Estate towards the provident fund" (vide paragraph 4 of the plaint). The plaintiff opted for the second alternative and refunded Rs. 17,000/- odd which had been contributed by the Estat