BRIJ KISHORE Vs. THAKUR BHIKAM SINGH AND ANOTHER

JUDGEMENT

(1.) These are three connected appeals, inasmuch as the controversy in all the three appeals is the same. The appeals were disposed of in the trial court by one judgment, and the learned single Judge also disposed of the second appeals by a common judgment, and we also propose to dispose of the three Special Appeals by this judgment.

(2.) The suits out of which these appeals have arisen were for the recovery of profits under Sec. 231 of the U.P. Tenancy Act - there were three suits because the property in respect of which profits were claimed were situated in three separate Mohals. Chhotey Lal was a co-sharer in the three Mohals and the defendant appellant was a Lumberdar.

(3.) On the 4th June 1934 Chhotey Lal applied to be declared an insolvent and he was declared an insolvent by the Insolvency Judge on the 13th July 1934. On the 26th July 1935 Chhotey Lal was discharged.