Judgement

Appeal (No. 133 of 1931) by special leave from a decree of the High Court (January 14, 1929) affirming a decree of the Subordinate Judge of Monghyr (November 30, 1924).

The appellants having paid Rs. 14,000 to discharge a mortgage on land bought by them in 1916 at a sale for revenue instituted a suit claiming from respondents Nos. 1 to 43 (defendants first party) contribution on the principle enacted by s. 82 of the Transfer of Property Act, 1882.

The facts appear from the judgment of the Judicial Committee.

The High Court, affirming the Subordinate Judge, dismissed the suit.

The learned judges (Ross and Chatterji JJ.) by separate judgments agreed with the finding of the trial judge, that the appellants had purchased as benamidars for the pro forma respondents Nos. 53 to 61 (referred to in the judgment of the Board as Harbans), who on December 2, 1915, had bought from the mortgagors 61 acres included in the revenue sale to the appellants. The learned judges, by separate judgments, held in effect that, as on that sale Rs. 14,000 out of the purchase price had been left with Harbans to discharge the mortgage, and as the defendants first party (respondents Nos. 1 to 43) had p