Judgement

Appeal (No. 28 of 1929) from a decree of the High Court (February 11, 1927), reversing a decree of the Subordinate Judge at Aligarh (May 1, 1922).

The respondents, as representatives of one Sher Singh, sued the appellants for rateable contribution under s. 82 of the Transfer of Property Act, 1882, in respect of the sum paid by Sher Singh to discharge a mortgage upon certain villages.

The facts appear from the judgment of the Judicial Committee.

The High Court, reversing the decision of the trial judge, held that the plaintiffs were entitled to contribution. The learned judges (Mears C.J. and Lindsay J.) found that the purchase by Ganeshi Lal was not, as he contended, free from incumbrances, and held that he could not claim the benefit of the

Law. Rep. 57 Ind. App. 189 ( 1929- 1930)

Ganeshi Lal V. C haran Singh 48

contract of 1914 between Sher Singh and the mortgagor as he was not a party to it. For these reasons they held that Muhammad Abbas v. Muhammad Hamid (9 All. L. J. 499.) was distinguishable. [Reference was made also to Jamna Das v. Ram Autar Pande. (( 1916) I. L. R. 38 A. 209.)]

1930. March 13. Dube for the appellants contended that upon equitable principles the app