Judgement

Appeal from a judgment and decree of the High Court (July 9, 1914) affirming a decree of the Subordinate Judge of Purneah (April 14, 1910).

The suit was instituted on September 14, 1908, by Hukumchand Boid (since deceased, and represented by the appellants) against the respondent. The material facts appear from the judgment of their Lordships.

The Subordinate Judge, upon the issues framed, held, inter alia that the plaintiff had purchased benami for the patnidar; that the suit was for money paid for a consideration which had failed; that time began to run on August 24, 1905, when the sale was set aside; and that consequently it was barred by the Indian Limitation Act, 1877, Sched. II. Art. 97; that the remedy given to a purchaser by s. 14 of Bengal Regulation VIII. of 1819 did not exclude other remedies. He dismissed the suit.

The High Court affirmed the decree. The learned judges (Fletcher and Richardson JJ.) doubted whether the suit lay having regard to the terms of s. 14 of the Regulation; they disagreed with the finding that the plaintiff had purchased benami for the patnidar, pointing out that the Subordinate Judge had not found that the patnidar had provided the pur