Blair and Burkitt, JJ.:— In our opinion the suit does not lie by dint of s. 241, second paragraph of cl. (i), of the Land Revenue Act, No. XIX of 1873, and s. 45 of Act No. VIII of 1873. This question was not raised in the appeal or indeed elsewhere at all. The Court below dismissed the suit by the application of art. 14, sch. II of the Limitation Act. The appeal is therefore dismissed, but under the circumstances, without costs.
Appeal dismissed.