JUDGMENT

Mukerji and Dalal, JJ. - This is an appeal from an order passed by the Additional Subordinate Judge of Cawnpore in the execution department. A suit was brought by one Lalta Prasad against Sri Ganeshji Maharaj under the management of Shiam Lal, Shiam Lal, and two other defendants, for partition of a one-third share and mesne profits for six years prior to the date of the institution of the suit and subsequent mesne profits up to the date of possession. A preliminary decree was passed on the 27th of June, 1918, for possession and for mesne profits of the past six years and future. The decree-holder obtained possession of his one-third share and took out execution for recovery of mesne profits by sale of the one-third share of the house, belonging to Sri Ganeshji Maharaj. The objections made on behalf of the endowment, through its manager, so Ear as we are concerned in this appeal; are two: (1) that interest should not be allowed on the mesne profits from ear to year, and (2) that the amount should be recovered from Shiam Lal personally and not from the endowment.

2. objector, Judgment-debtor, succeeded on the first ground, but in appeal it is further prayed that interest shoul