BHAWANI SINGH Vs. DILAWAR KHAN

JUDGEMENT

(1.) The plaintiff respondent in this second appeal claims to be co-sharer to the extent of one half share in a patti which consists of 5 biswas in mahal Alaidapur.

(2.) Mahal Alaidapur consists of two pattis, one the patti just mentioned above, and the second a patti of 15 biswas.

(3.) Upon plaintiff's instituting the suit, out of which this appeal arises, for his share of the profits which accrued due and payable on account of the years 1309 to 1311 Fasli, the defendant now appellant, pleaded inter alia that certain plots which originally formed part of the 15 biswa patti, had been wrongly included in the 5 biswa patti. If these plots were taken out, it would be found that the respondent was entitled to no profits in the years in dispute.