JUDGMENT

Ryves, J. - Musammat Chatura Kunwar, who was recorded in the khewat as a co-sharer, brought the suit out of which this appeal arises u/s 164 of the Agra Tenancy Act for her share of the profits for the years in suit against her deceased husband's brother, Baldeo Singh, the defendant-appellant here. The main defence was that Lachhman Singh, the husband of Musammat Chatura Kunwar, was the brother of Baldeo Singh defendant and joint with him, that on the death of Lachhman Singh, Baldeo Singh had at the request of the plaintiff got her name entered in the revenue papers only for her consolation and that she had no proprietary right. The Trial Court refused to go into this question and gave the plaintiff a decree as her name was recorded in the khewat. The defendant appealed. During the pendency of the appeal the defendant filed a suit in the Civil Court and obtained a decree which declared that Musammat Chatura Kunwar was not a co-sharer. This decree was passed, it appears, on the strength of a compromise to which Musammat Chatura Kunwar was a party in a previous suit which was brought in 1899 for profits, in which she admitted that she was not a co-sharer and that her name was