The appellant filed the suit, from which this Letters Patent Appeal arises, for the recovery of a sum of Rs. 2,196-10-0 from the defendants. The first defendant has, however, throughout been the only contesting defendant. The learned Principal District Munsif of Ongole who tried the suit gave the appellant a decree for lis. 1,227 and an appeal by the first defendant was dismissed by the Subordinate Judge of Bapatla. The first defendant then filed an appeal in this Court which was allowed by Shahabuddin, J., on the ground that the agreement on which the respondent’s claim was based was unlawful and so void rib initio. Shahabuddin, J., however, gave leave to the plaintiff in this suit, the present appellant, to appeal from his decision.

It appears from a perusal of the plaint that the foundation of the suit claim is that three toddy shops bought in the name of the first defendant and four shops in the name of the second defendant in the Ongole Taluk for the year 1st October, 1937 to 30th September, 1938 were in fact bought for the plaintiff with money advanced by him subject to an agreement with the defendants that the plaintiff should manage the shops and enjoy the profi