Law:

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(a) Limitation Act (IX of 1908) Arts. 62 & 120Applicability ofCondition for applicability of Art. 62 : Existence of priority between plaintiff and defendant so that defendant could be said to have received money on behalf of plaintiff and held same to trust for plaintiffArticle 62 not applicable where defendant receives money on his own account and not on account of plaintiffSuit claiming refund from general tax recovered by defendant municipality, such tax having been recovered by Municipality on its own account arid not on account of plaintiff, Art. 120, held, governed ease. Municipal Board, Ghazipur v. Deokinandan Prasad A I R 1914 All. 331; F. A. Khan v. Government of Pakistan P L D 1964 S C 520 and Rajputana Malwa Railway Cooperative Stores Ltd. v. The Aimere Municipal Board I L R 32 All. 491 ref. Mst. Bolo v. Mst. Koklan and others A I R 1930 P C 270 and Annamalal Chettiar and others v. A. M. K. C. T. Muthukaruppan Chettiar and another A I R 193 P C 9 distinguished. (b) Limitation Act (IX of 1908) Art. 120LimitationCause of action, accrual ofDetermina­tion largely depends upon particular facts of each case, nature of relief sought, and precise averments in plaintPrecise averments in plaint being that defendant municipality having realised general taxes it was liable to pay for services it was legally bound to provide but not having done so and plaintiff being compelled to pay for such services, plaintiff entitled to claim refund of suns spent, relevant date, held, date of payment. JUDGMENT HAMOODUR RAHMAN, C. J. This appeal, by special leave, arises out of a suit filed by the appellant herein for the refund of two several sums of Rs. 6,456 and Rs. 10,740 alleged to have been paid by it as road sweeping and street lighting charges respectively within the area of its colony originally situated within the limits of the Karachi Cantonment. The appellant, which is a Cooperative Housing Society, set up a colony, which was formerly within the Cantonment limits of Karachi. The Cantonment authorities, it appears, had no arrangements, far the lighting of streets or for their cleaning. Hence the appellant entered into separate arrangements under a contract with…

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