JUDGMENT

Ganga Nath, J. - This is an appeal by defendant 2 against the decision of a learned Single Judge of this Court. It arises out of a suit brought against him and Hathi Prasad, defendant-respondent 2, by Ganga Prasad, plaintiff-respondent, for declaration that the money in deposit with the Government belonged to him and for recovery of Rs. 1333, which the Government had realized out of it on account of certain dues payable by defendant 1. Defendant 2 contended that the plaintiff had no cause of action against him and he was not liable for any money. Both the lower Courts have decreed the suit against both the defendants. The decree of the lower Courts was confirmed by the learned Single Judge. A license for a liquor shop was obtained by the plaintiff benami in the name of defendant 1. The plaintiff deposited Rs. 1636 as security with the Government. The plaintiff severed his connexion with the shop in 1928. The money was however allowed to remain in deposit with the Government at the request of defendant 1, in whose name the license continued. Some time after 1928 defendant 1 took defendant 2 as a partner in the shop. The licensing fee due on account of the year 1933 fell into