V.BHARGAVA
INDER PAL SINGH – Appellant
Versus
SARNAM SINGH – Respondent
V. BHARGAVA, J.
( 1 ) THESE are two connected appeals which have been filed by the same appellant against the same respondent. These two appeals arise out of two suits which were both for realisation of profits in respect of certain zamindari property. One suit related to the years 1345, 1346 and 1347 Fasli and the other to the years 1348, 1349 and 1350 Fasli. In both the suits, one important question that arose for decision was as to the share possessed by the plaintiff-appellant in the property in respect of which profits were claimed by him. Amongst other shares claimed was one-sixth share in some property which had gone to Sm. Saraswati Kuar, the sister of the plaintiffs grandmother, by virtue of a decree in a suit which Sm. Saraswati Kuar had filed against the plaintiff and others and which was decreed on the basis of an adjustment between the parties to that suit. The appellant had claimed that he was still entitled to that one-sixth share because the adjustment in that suit was not binding on him and, therefore, the lambardar was liable to pay profits to him in respect of that share in the property also. The lower appellate Court has held that the decree in the suit between
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