JUDGMENT

1. This is a plaintiff's appeal arising out of a suit for a declaration that the plaintiff was by right of survivorship and according to a mutual settlement, the exclusive and absolute owner in possession of certain zemindari properties consisting of 6 items set forth in the plaint, and that the principal defendant, Musammat Bari Bitta, had no right of ownership or partition thereto, except to get Rs. 500 a year as maintenance allowance. The case put forward in the plaint was that the plaintiff was a member of a joint Hindu family with the principal defendant's deceased husband, Gobardhan Singh, when he died and that Musammat Bari Bitta did not succeed to his estate as a Hindu widow. It was mentioned that she applied to the Revenue Court for partition of some villages and the plaintiff objected, with the result that the Revenue Court referred the plaintiff to the Civil Court for a declaration of his ownership. The plaintiff, however, alleged that before he could file a suit, there was a mutual compromise under which it was settled that the defendant would give up all claim to the villages in dispute in the Revenue Court, as well as other properties which were the subject of