Code of Civil Procedure, 1908–Sec. 2(12)–Prayer for granting the mesne profit during the pendency of appeal against the decree of partition–Claim of plaintiff-petitioner that the defendant is in possession of property–However, it is an admitted fact that he is co-sharer of property–Possession of co-sharer is not wrongful and he has right and interest in every inch of undivided property until it is divided by metes and bounds–Held, claim of mesne profit is not maintainable.
