ASAD ALI Vs. FAIYAZ ALI

JUDGEMENT

(1.) The question for decision in this second appeal is the principle upon which the claim of the plaintiff in respect of profits ought to be allowed for the years 1324 and 1325 Fasli.

(2.) The suit was a suit in respect of these two years but it appeared in the course of the trial that during these years decrees had been obtained by the defendant Lambardar for a sum of Rs. 635-13-2.

(3.) The Courts below have allowed profits to the plaintiff against the Lambardar on the basis of the gross rental for the two years in suit and have also awarded the plaintiff his share in the decrees which have been obtained on account of arrears for the years antecedent to the two years in suit.