JUDGMENT

Edgley, J. - The plaintiff in this suit is the Nawab Bahadur of Murshidabad. His case is to the effect that, on 25th July 1920, he borrowed a sum of Rs. 5,00,000 from the defendant, Rameswarlal Ganeriwalla in the benami of Bilasroy Chowdhury and Srilal Chamria on the security of certain immovable properties in Calcutta and also of two life insurance policies belonging to plaintiff. According to him, the understanding was that the defendant should reimburse himself for the principal and interest of the loan out of the rents and profits of the immovable properties (and in case of his death, from the proceeds of the two insurance policies).

2. In 1927 the plaintiff instituted: Suit No. 1384 of 1927 in this Court for a declaration that the above mentioned transaction was in contravention of the conditions of the Murshidabad Act of 1891. He obtained a decree in that suit on 2nd July 1928, the transaction being set aside on a personal decree for five lakhs of rupees with interest thereon at 6 per cent. per annum being made against him. On appeal a consent decree was made on 13th August 1928 by which the decretal amount was increased from five lakhs of rupees to six and a half lakh