RAM SHANKER Vs. TIWARI JANKI PRASAD AND ANOTHER

JUDGEMENT

(1.) These are two appeals arising out of suits for profits under Sec. 231 of the U.P. Tenancy Act.

(2.) The suits were decreed by the Assistant Collector, First Class, Etawah. From the aforesaid decision of the Assistant Collector the defendant-appellant appealed to the lower appellate court. The court below dismissed the appeal. Aggrieved from the decision of the court below the defendant has come up in second appeal to this Court.

(3.) The parties admittedly are co-sharers in the suit property. The two suits relate to the profits for the years 1355 to 1357F. and 1358 to 1359F. It is admitted that the plaintiff Janki Prasad is a co-sharer to the extent of one-half and the defendant Rama Shanker is a co-sharer to the extent of 7/16th share, while the defendants Nos. 2 to 8 own the remaining 1/16th share. None of the co-sharers is a Lambardar.