MOHAMMAD ISHAQ Vs. JAFRI BEGAM

JUDGEMENT

(1.) Plaintiff-respondent brought the two suits out of which these consolidated appeals Nos. 1207 and 1208 of 1926 have arisen for recovery of profits from the defendant-appellant for the years 1329-1332 F. She claimed to be a recorded cosharer of khatas 1 to 4, mahals Umri and Ghair Khwastgaran in village Pikhlauni, district Aligarh. The defendant-appellant who is the lambardar admittedly collected the rent of these mahals during the years in suit.

(2.) The defendant contested the claim on the ground that the plaintiff has no proprietary right left in the aforesaid mahals as by a civil Court decree passed in a suit for partition between her and other cosharers including the defendant a share in village Basti Kazi (not in dispute) was allotted to her in lieu of her share in the mahals in dispute and other properties. That suit related to revenue paying properties and other immovable properties.

(3.) The Courts below have decreed the suits awarding Rs. 131-11-0 as the plaintiff's share of profits. Except as regards village expenses to be hereafter noticed, no question has been raised before me concerning the amount of profits decreed.