GANPATJI Vs. HANUMAN SINGH

JUDGEMENT

(1.) This is an appeal by the plaintiffs in a suit for arrears of profits claimed against the deceased defendant, Hanutman Singh, who is now represented in this appeal by his sons.

(2.) The claim was, according to the plaint, a rough estimate of the profits, the plaintiffs being usufructuary mortgagees, who were never before acquainted with the village. The plaintiffs clearly said in the plaint that if the profits were found to be larger than had been claimed in the plaint, they would pay additional court-fee for the sum found really due to the plaintiffs. The defence was that the Jambardar had made certain collections, and the plaintiffs should have only their share, which was 5 annas in the village. The Court of first instance granted a decree for Rs. 4,2iO with costs and interest.

(3.) The defendant appealed, and the plaintiffs filed a cross-objection.