Judgement

Appeal (No. 145 of 1920) from a decree of the High Court (March 21, 1918) reversing a decree of the Subordinate Judge of Vizagapatam.

43 Law. Rep. 52 Ind. App. 1 ( 1924- 1925) Vatsavaya Venkata Jagapati V. Poosapati Venkatapati

144

The suit was brought by the present appellant, the widow of the Raja of Tuni, claiming (inter alia) a declaration that Rs. 1,68,629, money advanced by her deceased husband together with interest, was a charge upon a large sum of money which the respondents had received upon the compromise of a suit. The money had been advanced under agreements dated May 22, 1906, and August 14, 1907, for the purpose of the conduct of the suit in question.

The facts appear fully from the judgment of the Judicial Committee.

The trial judge held that the plaintiff was entitled to the declaration for which she prayed, but that decision was reversed by the High Court (Ayling and Seshagiri Ayyar JJ.) upon grounds which appear from the present judgment.

The present litigation had been concluded by compromise save so far as concerned respondent No. 1, the trustee under the deed of July 12, 1902 (referred to in the present judgment), and respondents Nos. 5 and 6, benefi