Plaintiff-petitioner filed a suit in the Court of Additional Munsiff, Hatod, against the defendant-opponent for a sum of Rs.940/-. The facts of the case which gave rise to this suit are as follows: Plaintiff's father had money dealings with, and had lent money to, Kanhiram, brother of the defendant. On 3-5-1940 the accounts were settled and a balance was struck. Rs.1200/- were found due to the plaintiff's father in Kanhiram's account. Kanhiram agreed to pay Rs.1200/- and it was arranged that the plaintiff's father should take the defendant's field known as 'Khajurwala khet' for a period of 12 years and get his liability discharged by crediting Rs.100/- every year for the enjoyment or occupation.

2. The agreement was reduced to writing and recorded in the account-book of plaintiff's father and is alleged to have been signed by the defendant and his brother Kaniharm. The agreement is in the following form:

"The balance due today is Rs.1200/-. In lieu of this amount I give my field Khajurwala to the plaintiff for a period of 12 years. The Government dues will be paid by the plaintiff. I will have no objection to this. In case debt is not discharged I shall pay interest at the