ORDER

Yorke, J. - This is an application u/s 115, Civil P. C, by a defendant. The plaintiff, Shaukat Husain sued to recover from the defendant as lambardar profits of the years 1344, 1345 and 1346 Fasli. The plaintiff was a person who according to his own allegations had taken a transfer of a share in a village from a cosharer by a sale deed dated 12th June 1939, that is in the currency of the Fasli year 1346. By the sale deed it was contracted that the vendee was assigned the profits of the years 1344, 1345 and 1346, although the cause of action for recovery of the profits of 1346 would only arise on 1st August 1939, that is to say the cause of action had not arisen and that cause of action would automatically accrue to the vendee in respect of the profits of 1346 in his capacity as transferee cosharer. As regards the profits of the two earlier years it is evident that the position of the plaintiff, assuming that his sale deed was valid, would be different from that of an ordinary assignee of profits and the conveyance might equally well have been put in the form that along with the share the vendor contracted to transfer to the vendee the right to all arrears of profits appertaini