JUDGMENT

Collister, J. - This is a defendant's appeal. The defendant-appellant is the Court of Wards at Muzaffarnagar, represented by the Collector, and the action out of which this appeal arises was brought by the plaintiff for recovery of a sum of Rs. 26-2-0. It appears that the estate of Khan Bahadur Muzaffar Ali Khan had been taken over by the Court of Wards. Muzaffar Ali Khan was an Honorary Assistant Collector and it is alleged that in that capacity he decreed a suit for arrears of rent in favour of the plaintiff against one Bakhshi, the deceased father of respondent 2, Pitam. Thereafter execution was taken out and it is alleged that on 10th February 1931, the decretal money was paid by the judgment-debtor to Khan Bahadur Muzaffar Ali Khan, who thereupon struck off the execution case, recording full satisfaction of the claim. The money was, however, never paid to the plaintiff, but was converted by Khan Bahadur Muzaffar Ali Khan to his own use. Hence this suit for recovery of Rs. 2612-0 plus interest, the total claim being Rupees 36-10-0.

2. The suit was instituted on 10th April 1934, and on 31st May 1935, it was dismissed by the Munsif of Muzaffarnagar on the ground that the p