The Weekly Reporter Appellate High Court Containing Decisions of the Appellate High Court in All its Branches Viz. in Civil Revenue and Criminal Cases as Well as in Cases Referred by the Mofussil Small Cause Courts; Together with Letters in Criminal Cases and the Civil and Criminal Circular Orders Issued by the High Court; Also Decisions of H.M.’s Privy Council in Cases Heard in Appeal from Courts of British India

(I) There is no right of property in a mere site ; identity of site does not de- feat the right of an owner to whose lands the alluvial formation is an increment 40 (2) A plaintiff who obtains a decree for possession of a chur is entitled to mesne-profits from the date of in- stitution of the suit ( 3) As regards mesne-profits before insti- tution of a suit of the above nature, the principle laid [...] Nor will a partition made by some of the heirs of half of the property, in opposi- tion to the description of the shares now given by the plaintiff, bar his suit for the share he is legally entitled to, if the shareholders who made the partition do not hold according to that partition 176 (7) When a decree in a former suit against the present plaintiff and others awarded to another co-sharer who w [...] The power of the lower Courts to amend a plaint extends by a viva- voce examination to the elucidation of what is ambiguous in the claims of the contending parties, to the amendment of what is erroneous, and the supplying what is defective, but not to the conversion of a suit of one character into another in- consistent with, and opposed to, it—e. [...] 132 (3)-In a case of dispute about lands, the Magistrate's opinion is not - dence on the question of title ; his duty being confined to the point of possession (4) An action for possession of a julleur, the v. due o: which is within the cognizance of the Moonsilf, and an action for mesne-profits, may be jomed by a Sudder Ameen, if the value of the whole suit is with- in his cognizance . [...] 138 (5) In a suit against a zeminlar who, knowing that a half share in a ten- ure had been sold, chose to treat the owner of the remaining half as though he were still the owner of the whole, with a view to injure the new tenant (6) In a suit by a co-sharer of a shikmee taloolc for a partition of his share, which is not to be binding on the landlord 192 (7) The High Court cannot interfere with the