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1945 Supreme(All) 45

ALLSOP
Hukum Chand minor through Mangal Sen – Appellant
Versus
Kashi Ram – Respondent


JUDGMENT

Allsop, J. - This appeal arises out of a suit brought in the revenue Court for a share of profits u/s 231, U.P. Tenancy Act, 1939. Munna Lal had a decree against Mt. Manjhli Dulaiya and as this woman's property was protected from sale under the Bundelkhand Land Alienation Act the Court transferred to Munna Lal the right to recover the rents and profits of her property for a certain period on condition that he paid half the amount to her. She had an eight anna share in the property and was to get the profits of a four anna share while Munna Lal was to get the profits of the other four annas. Thereafter Hukum Chand and Mangal Sen, the present appellants, also obtained a money decree against Mt. Manjhli Dulaiya and the decree was executed by the Court's making a so-called lease in their favour on her behalf under the terms of which Munna Lal was to pay to them the profits of two annas out of share which he was to pay by the previous arrangement to Mt. Manjhli Dulaiya. As the profits were not paid, Hukum Chand and Mangal Sen instituted the suit which has given rise to this appeal. It has been dismissed upon the ground that they could not sue for profits because they were not co

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