JUDGMENT

1. This appeal arises out of a suit u/s 164 of the N.W.P. Tenancy Act of 1901.

2. Thakur Ganga Singh (plaintiff-respondent) sued Musammat Chhabraji Kunwar, Lumbardar, (defendant-appellant), for his share of the profits of the village for the years 1321 and 1322 Fasli, In his plaint he stated that the village was well irrigated and that the tenants were well-to-do; and, without alleging any specific misconduct or negligence on the part of the Lambardar, (except in one particular which has been abandoned), claimed to be paid a sum of Rs. 2,200 which included interest, on the basis of the gross rental. He went on, however, to state in Paragraph 4 of his plaint that, "in the years in question the defendant Lambardar realised a considerable amount on account of arrears for the past years and the plaintiff is entitled to get the profits on the said amount according to his own share."

3. The relief sought was (a) a decree for Rs. 2,200, Principal and interest and (b) "a decree for the amount which is found due in addition to the amount claimed may also be passed in his favour and an additional Court-fee charged."

4. To the plaint was annexed an account showing what was due for the tw