Judgement

These appeals from the Sudder Court, at Bengal, were made in two separate suits, instituted by the Re-spondent against the Appellant, in the Zillah Court of Nuddea, to recover the mesne profits of an estate, forming part of the pergunna Ookrah, situate in Nuddea. The first suit

4 M.I.A. 431 ( 1846- 1850) Mudhoo Soodun Sundial V. Suroop C hunder Sirkar C howdry 10

was brought to recover the sum of Rs. 49,999. 5a. 11g. 1k., the amount of principal and interest on the mesne profits of a two-ana share of the talook of Dihi Bydnathpore, consisting of 62 mouzas, part of pergunna Ookrah, from the 8th of February, 1819, to the 7th of February, 1826. The second suit was also brought to recover Rs. 11,173. 7a. 13g , the principal and interest for mesne profits of a two-ana share of 18 villages, forming part of the Zemindary of the turuf Sookhsagur, from the 13th of January, 1819, to the 12th of April, 1827. Both these appeals involved substantially the same question, which was one of fact only, namely, whether an agreement-deed, dated the 12th of February, 1819, which contained a covenant by the Respondent to forego the mesne profits until his name was entered in the Collectors boo