CHAGLA, C.J. - This second appeal arises out of a suit filed by the plaintiff for recovering non-agricultural assessment levied on the land in suit. The Provincial Government of Bombay is defendant 1 to the suit and the District Local Board of Dharwar is defendant 2. Both the Courts below have dismissed the plaintiffs suit.

2. It would appear that the plaintiff is the inamdar of a moiety of the village of Hole Alur in Son Taluka, and the land in suit, survey No. 161B, forms part of the moiety belonging to the plaintiff. On 16th April 1923, the Government of Bombay passed a resolution deciding to acquire this land for a public purpose, the purpose being the erection of a school to be run by the District Local Board. Acquisition proceedings were started and they ultimately terminated in an award being made on 2nd October 1923. Under this award, a sum of Rs. 1368-8 0 was paid to one Angadi whose predecessor-in-title became a permanent tenant, the land having been leased to him by a predecessor-in title of the plaintiff. Owing to financial stringency, the school was not built and the Local Board let out the land for non-agricultural purposes. Thereupon non-agricultural assessme