Judgement

Appeal from a judgment and decree of the High Court (July 23, 1914) affirming a decree of the Subordinate Judge of Burdwan.

The suit was instituted by the respondents against the appellant to recover money which they had paid in respect of patni rents upon notice of summary proceedings under s. 14 of the Patni Regulation (Bengal Regulation VIII. of 1819) and under circumstances which are stated in the judgment of their Lordships.

The Subordinate Judge made a decree for the amount claimed and that decision was affirmed by the High Court (Fletcher and Richardson JJ.).

1918. March 1, 4, 5. Upjohn, K.C., De Gruyther, K.C., and Parikh, for the appellant. Even if the reduction of the mortgage interest was ultra vires the manager under the Chota Nagpur Encumbered Estates Act, the respondents are not entitled to recover. Money paid under pressure of legal proceedings is not recoverable Marriot v. Hampden ((1797) 2 Sin. L. C, 12th ed.303.); Moore v. Vestry of Fulham. ([ 1895] 1 Q. B. 399.) Under s. 14 of Bengal Regulation VIII. of 1819 the respondents, had they chosen, could have deposited the amount claimed and had an adjudication, or they could have brought a suit for a reversal