BIND BASNI PRASAD, J.

( 1 ) THIS is a plaintiffs appeal arising oat of a suit brought by him in the Court of the Munsif, muttra, in which the relief claimed by him was a declaration that he was entitled to the allotment of three jajmans which had fallen to the share of the defendant by the decree of a previous partition suit, for recovery of Rs. 200/-as the approximate profit which the defendant had derived during one year from those jajmans and for future damages at the rate of Rs. 200/- per year. The appeal raises an interesting point of law. The facts are simple.

( 2 ) NARAIN, plaintiff, appellant, Basdeo, defendant-respondent, and one Girraj are three brothers who are Chaubey by caste and are residents of Muttra. Their profession is Birt jajmani. In 1933 narain and Basdeo brought a suit in the Court of the Civil Judge against Girraj for the partition of their share of the property. A preliminary decree for partition was passed on 22nd December 1942. An Amin was deputed to divide the property. Except the Birt jajmani lights he was able to divide the rest of the property. It appears that there was a keen contest among the brothers as to the allotment of the jajmans and the divisi

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