Judgement

Appeal from a judgment and decree of the High Court (August 18, 1910) reversing a judgment and decree of the Subordinate Judge of Monghyr.

The suit was instituted by persons now represented by the respondents against the appellant and another for a declaration that an auction sale which took place on March 25, 1907, under Act XI. of 1859 should be set aside as being fraudulently effected; the plaintiffs further claimed a decree for possession and mesne profits. Alternatively the plaintiffs claimed to recover the value of the property, or that there should be a reconveyance ordered.

The circumstances under which the suit was instituted appear from the judgment of their Lordships.

The Subordinate Judge found that there had been no fraud on the part of the appellant, that the proper notices were served, and that the sale had been brought about by the negligence of the plaintiffs in not paying the revenue kist. He accordingly dismissed the suit.

The High Court (Holmwood and Chatterjee JJ.) allowed the appeal. The learned judges found that there were no laches on the part of the co-sharers, and that the appellant was in default. They held that the appellant was a trustee for t