1. This is an appeal by an auction purchaser of an undivided share belonging to a coparcener against the decree of the District Judge of Chingle put disallowing his claim for mesne profits in the suit filed by him for partition and delivery of the share purchased.

2. The appellant rests his case on two grounds. The first is that the members of the family of the coparcener whose share he purchased were divided in status and that consequently he is entitled to mesne profits and secondly that in any event he is entitled as a tenant-in-common with the other coparceners to mesne profits in respect of the share which he purchased.

3. As regards the first contention there is no oral evidence on record. The appellant relies on Exhibits A and B showing that the person whose share he purchased was divided in status from the other members of his family. Exhibit A is an affidavit filed by one of the members in a previous suit. The inference required to be drawn from Exhibit A is that the parties were divided in status but reading the affidavit as a whole it seems to us that the dispute was about the management of the properties. It does not appear that there was any decision in the suit