Strhight, Offg. C.J and Tyrrell, J.:— The views expressed by the Judge as to the legal position of the plaintiff are sound in point of law, and he rightly reversed the Sub-ordinate Judge's decision. There was no provision in the contract of sale by which the vendor covenanted to recoup the vendee for any payment he might have to make for arrears of revenue, and no relations existed between them from which any obligation of the character mention in ss. 69 and 70 of the Contract Act could be implied as attaching to the vendor. The application is refused.
Application dismissed.