JUDGMENT

Satish Chandra, J. - The dispute relates to plot No. 243 in the town of Amheta, district Saharanpur. One Gokul Chand was the Zamindar of several Khewats including Khewats Nos. 23 and 299 to which this plot No. 243 appertaned. On his death his interest devolved on his two sons Raghubans Sahai and Rikhi Lal. Raghubans Sahai died in 1903 leaving his son Shambhu Nath. Rikhi Lal died in 1905 leaving behind him his widow Smt. Asha Devi, Rikhi Lal had executed a will of his half share in the family property in favour of his widow. On 17th August, 1908. Shambhu Nath and Smt. Asha Devi entered into a family settlement. Under it the lady was to get Rs. 1,300- annually, as maintenance and Shambhu Nath was to be the owner in possession of the entire property including the two Khewats to which plot No. 243 appertained. It was provided in the agreement that in case three half yearly instalments of the allowance were not paid, the lady will have a right to cancel the agreement and sue for possession. Shambhu Nath died in or about 1933 leaving a widow Smt. Cliampa Devi. Smt. Ghampa Devi committed default in payment of the instalments. Smt. Asha Devi exercised her rights under the agreement