JUDGMENT

Pullan, J. - This second appeal arises out of a suit for profits. The only question is one of limitation. The profits in question wore for the year 1327 fasli and the suit was filed on 31st July 1923. If these profits could have been collected on a date later than 31st July 1920 the suit is within time, but if the last date for the collection of the profits is prior to 31st July 1920 the suit is beyond time. Section 163, Act 2 of 1901, lays down that in the absence of any determination of date by the Settlement Officer or of an express agreement among the cosharers, profits shall be divisible on such dates as the Local Government may prescribe, and the Local Government has prescribed those dates by rules framed u/s 203 of the same Act, The date prescribed by the Local Government is 1st August unless some other date has bean agreed upon by the persons concerned or determined and recorded by a Settlement Officer.

2. In the present case the patwari has given evidence that the cosharers divide their profits in August, but the learned District Judge has relied upon the " das-tur-dabi " representing the old wajibul-arz of this village which says that the last day for the division