CHANDRA REDDY, C. J.

( 1 ) THIS appeal is directed against the Judgment of the subordinate Judge, Chittoor, dismissing a petition under Order 21, rule 90 of the code of Civil Procedure.

( 2 ) THE history of this litigation covers a long period but it is not necessary to trace it to its origin. It is sufficient to refer to its immediate past. The first respondent, tirumalai-Tirupathi Devasthanams represented by its Board of Trustees, filed two suits O. S. Nos. 51 and 52 of 1937, for possession of properties which were under the management of the Mahant of the Hathiramjee Mutt, of which the appellant is the present Mahant, and for mesne profits. The suits were decreed as prayed for. Possession of the properties was immediately taken. The enquiry into mesne profits was subsequently held and ultimately a decree for Rs. 2,15,285-1-6 was passed towards mesne profits in both the suits on 31st March, 1951. Complaining against the quantum of the mesne profits, Appeals Nos. 745 and 746 of 1952 were carried to the High Court of Madras. As the judgment-debtor did not obtain stay of execution of the decrees, the decrees were put in execution and the properties belonging to the Mutt were brought

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