( 1 ) THIS second appeal is directed against the judgment rendered by the I Additional district Judge, Krishna District at machilipatnam, dated 12-10-1987 in A. S. No. 69 of 1981 under which the judgment and decree of the Court of the Principal district Munsiff, Avanigadda, dated 31-3-1981 passed in O. S. No. 107 of 1978 decreeing the suit of the plaintiff for declaration of title and possession has been confirmed.

( 2 ) THE appellant herein is defendant no. 3, who died during pendency of the appeal and appellants 2 to 4 have been brought on record as his legal representatives. Respondent No. l herein is the plaintiff, respondent No. 2 herein is defendant No. 4 and respondent No. 3 herein is defendant No. 2 in the suit. The first appellant in A. S. No. 69 of 1981 on the file of the I Additional District Court, who was defendant No. l in the suit, has not been impleaded in this appeal stating that he was not a necessary party. The plaintiff filed the suit for declaration and possession of the plaint schedule property and for recovery of past mesne profits at the rate of Rs. 25/ per month and future mesne profits at the same rate.

( 3 ) THE case of the plaintiff is that