Allahabad Court February 1939 Judgments

Mohammad Ismail Vs. Hira Lal and ors.

Court: Allahabad

Reported in: AIR1939All449

Bennet, J.1. This is an appeal by the plaintiff whose suit has been dismissed by the learned District Judge of Moradabad the plaintiff brought a suit for arrears of profits under the following circumstances. The plaintiff had a sale deed dated 11th October 1930 from a cosharer for the profits on account of 1337-F. due from the lambardar. The first suit was brought by the plaintiff for collections on account of 1337-F. made in 1337-F. and that suit was decreed. The second suit brought by the plaintiff was for collections on account of 1337-F. made in 1338-F. and that suit was also decreed. The third suit is now brought for collections on account of 1337-F. made in the year 1339 and 1340-F. The Assistant Collector decreed the suit and there was no dispute on the ground that is now being raised. In the lower Appellate Court, however, the ground was raised that the sale deed did not justify the present suit the argument has found favour with the learned District Judge that the words 'profi...