JUDGMENT

Gokul Prasad, J. - The facts are briefly as follows:--The plaintiff-respondent Syed Ghulam Husain obtained a decree for preemption against the defendants in 1908. He deposited the pre-emption money in Court, but did not proceed further to have mutation of names effected in his favour and to take delivery of possession. It appears, however, that he took possession privately and in the year 1913 the defendants-appellants sued him for profits as their names appeared in the khewat. That suit 5was withdrawn and then the defendants-appellants filed another suit for profits. The plaintiff then filed a suit for declaration of his title and for a declaration that the defendants had no right to get a decree for profits. This suit was decreed on the 2nd of September, 1916, but in the meanwhile the defendants had obtained a decree for profits on the 26th of August, 1916. The defendants have now put this decree in execution and the plaintiff has filed this suit for a declaration that the defendants have no right to realise profits under the decree of the Revenue Court and the plaintiff's rights have become absolute under the Civil Court decree. The only plea in defence with which I am c