1. This appeal arises out of a suit instituted by the appellant as a recorded 8 annas co-sharer in the villages Sonkhamb and Gorewada, against respondent 1, who was the lambardar of the villages, and his mortgagors, for rendition of account of village profits for four years ending in 1335 Fasli (1925-26). The suit was partially decreed on the footing that the appellant was entitled to claim the account of profits only to the extent of 2 annas 4 pies share. This appeal is mainly directed against that part of the decree which dismissed the appellant's claim as to 5 annas 8 pies share. Respondent 1 also has filed cross-objections. This judgment governs the disposal of both. The two villages in suit, namely Sonkhamb and Gorewada, and a third village Nankapur were granted in Mokasa right by Raja Raghojirao Bhonsle, a Hindu Ruler of Nagpur, in 1840 to Hakim Yadgar Hussein for the maintenance of the Imambada at Nagpur and for meeting the expenses of festivals during Mohurrum and Ramzan. On the original grantee's death in 1850 the grant was resumed by the Raja, but in 1852 it was continued in the names of his son Hakim Bunyad Hussein and his younger brother Tuffail Hussein to the exclusion of the female heirs of Hakim Yadgar Hussein. In 1886 Tuffail Hussein died leaving behind an infant son aged about two years by name Yadgar Hussein, who is the plaintiff in this suit. His name was not entered in the register of proprietary mutations and the three villages continued to be recorded in the name of Tuffail Hussein's surviving brother Hakim Bunyad Hussein. After his death however in the settlement proceedings which followed in 1913 Yadgar Hussein's name was entered as 8 annas co-sharer in his right as heir to Tuffail Hussein, his father.

2. The 8 annas share of Hakim Bunyad Hussein was already mutated in the names of his four sons, Syed Abdul Hussein and Syed Hussein Raza. No female heir appeared in the settlement proceedings to assert her right as heir of either Bunyad Hussein or Tuffail Hussein. In these proceedings Muhammad Raza raised an objection to the entry of Yadgar Hussein's name on the ground that the three villages were subject to a wakf and that he alone was the mutawalli. Yadgar Hussein's name was entered in the revenue record in spite of this objection. Muhammad Raza thereon launched on a litigation for the establishment of his right as a mutawalli and for a declaration that the original grant of these three villages created a wakf for the benefit of the Imambada and that neither Yadgar Hussein nor his own brothers had any right in the property. That litigation culminated in an appeal to the Judicial Committee of the Privy Council where it was decided finally that the grant of the three villages was not a wakf but was a personal grant sub conditione.

3. Muhammad Raza having lost in the Court of the Judicial Commissioner had preferred an appeal to the Privy Council pending which, on 4th November 1920, he jointly with his brothers, mother and sisters mortgaged his 8 annas share in the villages Gorewada and Sonkhamb to secure a debt of Rs. 12,000 borrowed from Khan Bahadur H.M. Malak, Badruddin Ghulam Hussein, of Nagpur, for defraying the expenses of his appeal before the Privy Council. Under that mortgage which was possessory he transferred possession of the 8 annas share in the villages to the mortgagee. This mortgage deed was supplemented by an other deed executed on 25th August 1921. Thereafter by two lease deeds dated 4th November 1920 supplemented by a deed dated 25th August 1921 and one dated 26th August 1921 some sir fields of village Sonkhamb were leased to the mortgagee for an aggregate annual rent of Rs. 1,300 which were intended to be spent on the customary festivals in connexion with the Imambada. As the result of the aforesaid mortgage deed and the lease deeds Khan Bahadur H. M. Malak, Badruddin Ghulam Hussein, the mortgagee, held possession of 8 annas share in the two villages along with the entire area of