Bhawanilal Lachchi Ram And Ors. vs Badri Lal And Ors. on 29 January, 1962
In Abdul Shakur Khan v. Rajendra Kishore, AIR 1935 All 759 the plaintiff had paid consideration and the defendants had promised to execute a lease, but they afterwards resiled from the promise and refused to execute the lease. In a suit brought by the plaintiff for return of the money it was held that the cause of action for the suit did not arise merely on payment of the money and that the claim was for money paid upon an existing consideration which had afterwards failed, in that the payment was made in consideration for the promise to execute the lease and the promise was afterwards repudiated, or that it was a claim for compensation for the breach of any contract express or implied not in writing registered and not especially provided for. The suit was, therefore, held to be governed by Article 97 or Article 115 of the Limitation Act.