JUDGMENT

Niamatullah, J. - This is a reference by the Board of Revenue u/s 267, Agra Tenancy Act. The facts as stated in the order of reference and as admitted by counsel on both sides are as follows : A certain mahal, or a portion thereof, was sold nearly a 100 years ago. One of the convenants in the sale-deed was that the vendor would retain a portion of the land included in the mahal, or part thereof, as the case may be, and that the vendee should pay the Land revenue in respect of the land thus reserved to the vendor. The vendee and his representatives have hitherto paid the revenue in terms of the covenant already mentioned. There was a settlement in 1308 fasli. In making the assessment it was noted by the settlement officer that the vendee had been paying the revenue in respect of the lands in possession of the vendor and would continue to do so in future. Recently the representatives of the vendees appear to have reconsidered their position and instituted a suit for recovery of a sum less than Rs. 200 representing the revenue paid by them in respect of the lands in possession of the vendor under the sale-deed above referred to. The representatives of the vendor contested the