JUDGMENT : Knox, J. This and the connected second appeal No. 104 of 1904 arise out of a suit brought by one Maggo Bibi, since deceased, to recover from the appellant, Durga Shankar, her share in the profits due to her as owner of a share in the mahal of which the defendant is the lambardar. In a suit between Maggo Bibi and Durga Shankar it was decided by a Civil Court of competent jurisdiction that Maggo Bibi was not entitled to the share, the profits of which she now claims. The learned Judge has ignored this decision, in fact he has treated it as irrelevant on the ground that the Civil Court could not have tried this suit for profits. The case may not come within the provisions of section 13 of the Code of Civil Procedure. 2. But the claim for profits depends upon the plaintiff's title to the share out of which the profits arise. When as between parties to the revenue suit a Civil Court of competent jurisdiction has decided the title to the property adversely to the plaintiff, who claims profits, the Revenue Court is not competent to ignore that decision. We allow the appeal, and setting aside the decrees of the Courts below, dismiss the suit. The appellant, Durga Shankar, will be entitled to recover his costs in all Courts, including in this Court, fees on the higher scale from the estate of Maggo Bibi.