Findlay, J C—The plaintiff-appellant bought a four annas share in mouza Kanhargaon Nagpur from the former malguzar Rajkumar He brought the present suit for profits from the defendant-respondent, the village lambardar, for the years 1921-1922, 1922-1923 and 1923-1924. The main facts of the case are sufficiently clear from the judgment appealed against, and three questions arise for decision in the present second appeal. The first of these is as to whether the learned District Judge was correct in holding that the plaintiff could not claim profits for the year 1921-22, these having accrued in favour of the plaintiff's predecessor-in-title before the sale. The learned District Judge, relying on an unreported decision of Batten, A.J.C. in Second Appeal No. 736 of 1915, decided on the 19th March 1917, held that the claim for profits of the year in question could not be sustained as the sale amounted to a mere assignment of a right to sue within the meaning of Section 6, Clause (e), T.P. Act. Shortly after the learned District Judge gave his decision, an authoritative case on this point was published viz., Lachmi Narayan v. Dharamchand, 1926 AIR(Nag) 396, and it is obvious that p