JUDGMENT

Smith, J - This is an appeal by Mr. H Hunter, Liquidator of the bank of Upper India Ltd., against a decision by the Subordinate Judge of Bara Banki, dated 9th February 1931. The suit concerned the liability of Mr, Hunter, as liquidator of the above mentioned Bank, to make contributions for the maintenance and support of the Canning College and the British Indian Association. He impleaded as defendants, the Secretary of State for India in Council, the Deputy Commissionere of Barabanki, and Rai Bareli, the University of Luck-now through its Vice-Chancellor, the British Indian Association through its President, the Colvin Talukdars School at Lucknow, and the Chairman of the Executive Committee and the Principal of that school. Certain contributions have been realized from the plaintiff-appellant, as he puts it, by defendant 1, the Secretary of State, through defendants 2 and 3, the Deputy Commissioners of Barabanki and Rai Bareli, for the benefit of defendants 4 to 8, the University of Lucknow, the British Indian Association and the Colvin Talukdars School and their representatives. The contributions in question, it should be explained, were in their origin for the maintenance and support of the Canning College and the British Indian Association, but under Section 6, U.P. Act 4 of 1920, the Committee of the Canning College was bound to pay certain sums to the Committee of the Colvin Talukdars School at Lucknow for its support, and by the U.P. Act 7 of 1922 the Canning College was merged in the University of Lucknow, and all its properties and liabilities were transferred to the University. It was provided in Section 8 of that Act that: "nothing in this Act shall be deemed to affect the liability of persons named in Section 3, Canning College and British Indian Association Contribution Act, 1920, to contribute in accordance with the provisions of that Act for the maintenance and support of the Canning College as a collage maintained by the University."

2. This explains the array of the parties in the suit. The properties concerned in the suit are at present managed by Mr. Hunter in his capacity as liquidator of the Upper India Bank. They were originally comprised in talulra. The estate passed through various hands and finally came into the possession of one Shafiquzzaman who mortgaged it to the Bank of Upper India by five deeds, the first of which was executed on 16th September .1910 and the last of which was executed on 9th August 1912. The plaintiff-appellant, as Liquidator of the Bank, obtained a decree for sale of the mortgaged properties from the Court of the Subordinate Judge of Mohanlalganj in the Lucknow District, and purchased them at an auction-sale on 27th September 1926. He obtained possession according to the plaint in July 1927, and thereafter a sum of Rs. 910-1-0 was according to the plaint paid by him on various dates as a contribution for the maintenance and support of the Canning College and the British Indian Association. The plaintiff-appellant contests his liability to make any such contributions, and he sought in this suit for a declaration that the properties in question are not liable to make such contributions. Alternatively be sought a declaration "limiting and restricting" his liability. He also sought a decree for Rs. 1,126-10-0 by way of damages. The learned Subordinate Judge found him liable to make the contributions in question at the rate of 1 per cent on the Government revenue on the property concerned, the suit being decreed to that extent only.

3. The mortgaged properties were originally comprised in a taluka owned by one Chaudhri Sarfaraz Ahmad, who died in 1870. They were afterward owned by his widow, Mt. Bechanunnissa, who died in 1895. After her they were possessed by her daughter by Chaudhri Sarfaraz Ahmad, Mt. Zainabunnissa, who died in 1907, and was succeeded by her son Shafiquzzaman, whose mortgages, as has been mentioned already, led to the properties now in question coming into