JUDGMENT

Sulaiman, J. - This is a plaintiff's appeal arising out of a suit for profits u/s 164, old Agra Tenancy Act, against a lambardar. The plaintiff's name is recorded as proprietor of a specific area of land with a specific share of the profits. The defendant is admittedly a lambardar of the village. The parties are brothers. The Courts below have dismissed the suit on a finding that the family is joint, and that a member of a joint Hindu family has no right to claim profits from the karta of the family.

2. In our opinion, it was not open to the Courts below to go into the question of the jointness or the separation of the parties. The plaintiff repudiated the suggestion that he was a member of a joint Hindu family. His name was recorded as a proprietor in the revenue papers for the years for which the profits were claimed. u/s 201, Sub-clause (3), if the plaintiff is recorded as having the proprietary right entitling him to institute a suit under the provisions of. Chap.11, the Court shall presume that he has this right. The defendant's plea that the plaintiff has no such right because the family was joint, should not have been allowed to prevail.

3. It was held by a Full Bench