JUDGMENT :- This is an appeal against an appellate decree of the District Judge of Hooghly affirming the decree of the Subordinate Judge, 2nd Court of the same place.

2. The facts are very simple. The appellant is a successor, in interest of one Prannath Choudhury of Satkhira. The defendants are the successors-in-interest of one Raj Krishna Mukherjee. Both parties are assignees. Prannath Choudhury gave a putni lease of his share of touzi No. 37 of the Hooghly Collectorate to Raj Krishna Mukherjee, one of the terms of which was You shall submit duly year after year in my office the Jamawasil baki papers etc., and the Lowazima papers." On 1st May 1942 the plaintiff, the Hooghly Bank Ltd., purchased also the putni interest and took delivery of possession on 30th June 1942. They found an utter absence of papers and as the assignees of the original creators of the putni they have now called upon the defendants, the assignees of the putni holder, for the lowazima and collection papers not submitted prior to the purchase by the plaintiff and within the period of limitation. Both Courts have held that the covenant is not which runs with the land but is only a personal covenant. The learned

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