B.S. Verma, J.— This appeal is directed against the judgment and decree dated 10.11.1995, passed by Sri Y.P. Singh, Additional District Judge, Roorkee, in Civil Appeal No.23 of 1991, Satish Chandra Garg (deceased) through L.Rs, Smt. Sheela Rani & Ors v. Dharam Veer Singh, whereby the appeal was allowed and the suit of the plaintiff was dismissed.

2. This appeal was admitted on 23.02.1996 by the Allahabad High Court on the following substantial questions of law (C), (E) and (F) framed in the memo of appeal:

(C) Whether the lower appellate court did not consider the entire evidence of the plaintiff on the finding of readiness and willingness alongwith the pleadings and based its judgment on one line only?

(E) Whether since the defendant admitted the execution of the agreement thus in view of Section 91 and 92 of the Evidence Act the suit of the plaintiff ought to have been decreed?

(F) Whether the finding of the court below that the contract is one sided and oppressive is illegal and perverse in view of the fact that the willful execution of the agreement was admitted by the defendant?

3. Briefly stated the facts, giving rise to this appeal, according to the plaintiff/a