JUDGMENT

1. This was a suit for contribution in respect of a decree for mesne profits and costs passed jointly against the parties in the year 1912. A pedigree is given in the judgment of the Court below. The parties are a son and grandsons of Daryao Singh, one of three brothers. The property in respect of which the decree for mesne profits was passed was that of a predeceased brother Puran Singh whose widow Musammat Sartaj Kuar held possession of it till 1912 when she died. The present parties claimed one-third share in the property on her death as collaterals and obtained possession and got an order for mutation, from the Revenue Court. The-representatives of the other two branches, filed a suit for possession and mesne profits and were successful. The plaintiff paid the entire decretal amount in 1918, Hence the present suit.

2. The property was originally held by Musammat Sartaj Kuar under a partition deed, of 7th January 1902. Under this deed the representatives of Daryao Singh's branch were given an equal share in the family property with the branches of Daryao Singh's brothers Girwar Singh and Narain Singh. Subsequently on the death of a collateral named Moti Singh litigation a