Lord Tomlin.-

This is an appeal in two consolidated suits (Nos. 1136 and 1138 of 1920) brought by the assignor of the appellant against the respondent. The consolidated suits were tried before Chotzner, J., in the High Court of Judicature at Fort William in Bengal, Original Civil Jurisdiction, with the result that a decree in favour of the plaintiff was made on 24th January 1927. The respondent appealed, and on 16th January 1928, the High Court Civil Appellate Jurisdiction reversed Chotzner, J., and dismissed the consolidated suits. The appellant thereupon appealed to His Majesty in Council. The story of the transactions out of which the suits arise is somewhat intricate, but for the present purpose is sufficiently stated in what follows.

One Pity owed the appellant money and in March 1910, the appellant obtained a decree against Pity for Rs. 1,40,000. Pity was the owner of property in Wellesley Street, Calcutta. An arrangement was entered into and carried out between Pity, the appellant and the respondent to the following effect. The appellant borrowed from the Bank of Bengal Rs. 1,50,000. To enable the appellant to obtain this loan the respondent for a one per cent commission, guar