( 1 ) THE question referred to this Bench for answer was "whether a suit based on a contract is governed by Section 97 of the Town Improvement Act or it is governed by the general law of limitation," after considering the circumstances of the case, and in agreement with the learned counsel for the parties, we have re-drafted the question and now it reads: "is a suit by a bidder at an auction held by the Lucknow Improvement Trust for selling land in connection with a scheme framed by it under the Town Improvement Trust Act, for refund of one-fourth price deposited by him on his bid being accepted, but which was subsequently forfeited by the Trust oh account of his failure to pay the. balance within the prescribed time, a suit in respect of an act purporting to be done by the Trust under the Act?"

( 2 ) THE brief facts of the case in which the question has arisen are that on 5th December, 1947, the Lucknow Improvement Trust -held an auction sale of the lease-hold rights of plots 8 and 9 of the Revised Lay out Plan of Naka Hindola Scheme Lucknow and accepted Rs. 21,750/- on account of 1/4th sale consideration, as part payment of the total sale consi-deration of Rs. 87,