, J.

1. Most of the facts giving rise to this second appeal by the defendant are no longer in dispute and may be stated at the outset. The plaintiff and the defendant are brothers to each other and up to the date of the institution of the suit were sharing for the purpose of their residence a house which their father Bela Singh purchased for Rs. 2,500/- from one Teja Singh under a registered sale deed (Exhibit P-3) executed on the 29th of January, 1959. On the 4th of February, 1963, Bela Singh executed an agreement (a copy of which is Exhibit D-1) transferring a part of the house in favour of the plaintiff and the rest of the house in favour of the defendant who was directed to pay a sum of Rs. 400/- to the plaintiff in view of the fact that the part of the house given to him (the defendant) had a greater market value than the other part. It was also stipulated in the agreement that each of the two sons would pay Rs. 30/- per month to their father for his maintenance and that if either of them failed to do so, the father would be entitled to get back the property transferred to that son. A stamp duty of Rs. 2/4/- was paid in respect of the agreement. On the same date anothe