MT MUBARAK BANO Vs. ALI RAZA

JUDGEMENT

(1.) This is plaintiffs appeal. The suit was one for a declaration that the plaintiffs are entitled to get Rs. 492-8-0 being two thirds of Rs. 738-12-0, which had been deposited in the Court of the Munsif of Bareilly by the judgment debtor in Suit No. 122 of 1921 in re: Baqar Raza V/s. Nazir Husain.

(2.) The plaintiffs and Mt. Haidri Banu were cosharers in the same mahal or mahals of which Mt. Haidri Banu was the lambardar. Mt. Haidri Banu had engaged the services of one Nazir Husain to make collections in the mahal or mahals on her behalf. Certain collections were made by Nazir Husain and were not handed over to Mt. Haidri Banu. The lady in the meantime died. She was succeeded by Baqar Raza and the other defendants to the present action. Baqar Raza instituted a suit against Nazir Husain for the recovery of the unpaid collections. The suit was numbered and registered as Suit No. 122 of 1921 and a decree for Rs. 738-12-0 was passed in favour of Baqar Raza. Nazir Husain deposited this amount in Court.

(3.) The plaintiffs allege that this sum of Rs. 738-12-0 includes the plaintiffs share of profits in the mahal or mahals for certain years and they are entitled to recover the same.