JUDGMENT

UNTWALIA, J. :— This is an appeal by the defendant by certificate. It arises out of a suit filed by the plaintiff/respondent for cancellation or setting aside of the registered assignment deed dated 31-10-1957 executed by the latter in favour of the former purporting to transfer the decree in O.S. No. 88 of 1949 on the file of Court of Subordinate Judge, Kakinada, for recovery of the possession of the scheduled properties measuring about 20 to 25 acres of land and for future mesne profits.

2. The trial court decreed the suit in part and granted a decree for cancellation of the assignment deed aforesaid on the plaintiffs paying Rupees 13,000/- to the defendant. Under the decree defendant was required to deliver possession of the suit properties to the plaintiff on the payment of the said sum of Rs. 13,000/-.

3. The defendant filed an appeal in the High Court and a cross objection was filed by the plaintiff. In the cross objection the grounds taken were in regard to two matters only, namely, costs and mesne profits. No ground was taken in the cross objection attacking the decree of the trial court in regard to the payment of Rupees 13,000/- and defendants liability to delivery