THAKUNADU NARAYNDAS DARBAR VS. KHALILULLA SAHEB ABASHEB JANVEKAR

( 1 ) IN this second appeal, the question which arises for decision is whether the plaintiff, who is the respondent, was rightly awarded mense profits for a period of thirteen years preceding of the propertied belonging to him.

( 2 ) THE brief history of this case is as here under : one Khupsa and his brother Abasaheb were the owners of properties of which they were tenant-in - common. They were members of a Mohammandan family. In O. S. 73/24 in the court of the civil judge, Bijapur, Abasaheb's share in the property was sold in execution of a decree and purchased by the defendant. In O. S. 299/28 in that Court, one Jainama who was another cosharer brought a suit for partion of her share of the property against the defendant who had purchased abasaheb's share in the property. On July 29, 1930, a decree was made in favour of Jainama for partition and possession of her 7/38 share. Jainama died during the pendency of the further proceedings and in the year 1936 the plaintiff, who is the son of Abhasaheb, was brought on record as the legal representative of jainama. On January 26, 1937 the decree made in favour of Jainama

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