Kapur, J.

1. This appeal is brought by defendant No. 2 Captain Parmodh Singh against an appellate decree of the Senior Subordinate Judge, Dharamsala, reversing the decree of the trial Court dismissing the plaintiffs suit with costs.

2. The facts which have given rise to this appeal are that on 4-7-1928 one Gulaba obtained 19 Kanals 10 Marias by a compromise which was arrived at in original suit No. 78 decided on 18-7-1928 in the Court of the Senior Subordinate Judge, Dharamsala. This compromise is dated 4-7-1928 and one of its terms was that 19 Kanals 10 marlas was to be given, to Gulaba. The deed of compromise further recites:

"On this land I, the plaintiff (Gulaba) will remain in possession as Malik Kamal Dwami. I shall not be entitled to mortgage or sell the land to anybody else. * * * * * If I, the plaintiff, die without any sons, then the land above referred to 19 kanals 10 marlas will without the payment of any compensation revert to Mehr Singh defendant No. 2."

And a mutation was entered on the basis of this on 9-10-1928. On 14-4-1933 Gulaba gifted 20 kanals 2 marlas of land to his wife, Mst. Panjabo. The area does not seem to be quite correct, and the done in her tu