Judgement

Appeal (No. 12 of 1930) from a decree of the Chief Court of Oudh (December 15, 1927) reversing a decree of the Subordinate Judge of Mohanlalganj, Lucknow, which affirmed a decree of the Second Munsif, Lucknow.

The suit was instituted by the appellant for an account of his share of the rents and profits of certain property in Lucknow, of which he had acquired a 2 anna, 1 pie, 11 kirant share by purchase in 1921, the defendants being owners of the remaining share under an earlier purchase. The question arising was whether in taking the accounts the appellant was chargeable in respect of three shops in his occupation, and forming part of the property, with the rent reserved by a lease granted to him before his purchase, or the estimated rental value apart from the lease. The Chief Court (reversing the lower Courts) had taken the latter view.

The facts appear from the judgment of the Judicial Committee.

Law Rep. 58 Ind. App. 75 ( 1930- 1931)

Faqir Bakhsh V. Murli Dhar 7

1930. Nov. 27. Wallach for the appellant. The respondents did not appear.

Jan. 13. The judgment of their Lordships was delivered by

LORD MACMILLAN. The plaintiff in this suit, Shaikh Faqir Bakhsh, and the defend