Judgement

Appeal (No. 13 of 1930) from a decree of the High Court (December 21, 1928) reversing in part a decree of the Subordinate Judge of Cuttack (June 30, 1927).

The suit was brought by the appellant against Sheikh Haider Ali, since deceased and represented by the respondents, and others, to recover certain instalments of Government revenue which became due, as to some, before and, as to others, after a purchase of the properties by him ; the first defendant was lessee of the properties and liable to pay the revenue by the terms of his lease.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge made a decree for the amount claimed.

Upon appeal the High Court (Kulwant Sahay and Macpherson JJ.) varied the decree by dismissing the suit so far as it related to instalments which fell due before the purchase. The learned judges held that a deed of assignment of July 28, 1925, the terms of which are sufficiently stated in the judgment, from the lessor to the purchaser was inoperative having regard to s. 6 (e) of the Transfer of Property Act, 1882, as it was a transfer of " a mere right to sue."

1931. Oct. 19. De Gruyther K.C. and Dube K.C. for the appell