JUDGMENT

Sulaiman, J. - This is a plaintiff's appeal arising out of a suit for recovery of the plaintiff's share of profits against a lambardar, u/s 164 of the Agra Tenancy Act. The plaintiff claimed her share on the basis of the total demand. The defendant pleaded that there was no negligence or carelessness on his part and that the decree should be on the basis of actual collections.

2. The Court of first instance, being of opinion that very little care was taken by the defendant in the collections and that large arrears were allowed to remain uncollected, which indicated a negligence on his part justifying a presumption that what remained uncollected was due to his carelessness, and that there was no explanation or excuse offered by him for the short collections, passed a decree on the basis of the gross rental. On appeal the learned District Judge has modified that decree and reduced the amount decreed.

3. The three years in dispute were 1323, 1324 and 1325 Faslis. The collections by the lambardar in these years amount roughly to 61, 56 and 53 per cent. respectively. Obviously these collections were grossly inadequate and very low and at once call for some explanation by the lamba