Judgement

Appeal (No. 102 of 1945) from a judgment and decree of the High Court (August 8, 1940), in a Letters Patent appeal, confirming a judgment and decree of a single judge of that court (Wassoodew J.) (April 11, 1938), in the exercise of appellate jurisdiction, whereby a decree of the District Judge, Ahmedabad (October 8, 1934), was set aside and the respondents suit was, for the main part, decreed. The decree of the District Judge had confirmed a decree of the First Class Subordinate Judge of Ahmedabad (October 24, 1933), under which the respondents suit was dismissed.

The following facts are taken from the judgment of the Judicial Committee. On October 13, 1931, the respondent brought the present suit against the appellant praying for a declaration that the appellant was not entitled to recover from the respondent any assessment of certain land, of which the respondent was registered occupant, in excess of the amounts payable by him under agreements dated respectively July 25, 1906, February 13, 1915, and December 21, 1924, for repayment of Rs. 606-7-0 illegally levied from him in the years 1928 to 1931 inclusive, and for other relief.

The respondent was the owner and regist