JUDGMENT

1. The plaintiff, Musammat Manna Kunwar, sued to recover a sum of money due on a ruqqa executed by the defendants in favour of one Kishori Lal The plaintiff's allegation was that the money was advanced by her and that Kishori Lal, in whose name it was drawn, was merely her benamider as she was parda-nashin; Kishori Lal had died without heirs and the plaintiff was entitled to recover the money on this ruqqa, The defence was, so far as we are now concerned, but the plaintiff could not maintain the suit. The Trial Court found all the issues of fact in favour of the plaintiff, namely, that she had advanced the money in cash to, the defendants who had executed the ruqqa benami in the name of Kishori Lal who was a near relation of the plaintiff. The Trial Court, however, dismissed the suit on the ground that u/s 78 of the Negotiable Instruments Act, read with Section 8 of not maintain the suit. She appealed. The learned Subordinate Judge agreed with all the findings of fact found by the Trial Court but held that the suit was, nevertheless, maintainable. What he says is this: "The ruqqa in question is an agreement. It provides for interest and is payable on demand. It in true that