JUDGMENT

Mukerji, Ag. C.J.

1. These two appeals arise out of similar facts and may be decided by one judgment. The appeals arise out of a suit for profits instituted by a cosharer against the lambardar. It appears that the family which consisted of an uncle and two nephews, namely, Kishan Lal and Nand Lal, nephews, and Behari Lal, uncle, each representing one of the three branches of the family, separated as a result of an award. The award is dated 1897. There were three properties, which were described as wakf property. One was handed over to one of the parties, namely, to Nand Lal Saran, and the other two villages were given, one-half each, to the other two parties, namely, Kishan Lal and Behari Lal. It was stated that each was to receive one-half of the profits and apply them himself, for purposes of the trust and Behari Lal was to be the lambardar. The learned District Judge found that this award had been acted upon and Behari Lal and after his death his son, Shambhu Nath, the defendant-respondent, paid to Krishan Lal and after him to his son Manohar Saran, his half share of profits. It was only shortly before the institution of the suit that Shambhu Nath stopped payment to Manoh