CHANDRA REDDY, CJ.

( 1 ) THIS is an appeal against the Order of the Subordinate judge, Narsapur, disallowing the claim of the appellants for mesne profits for the years 1949 to 1951.

( 2 ) THE facts giving rise to this appeal may be briefly stated. The appellants are the second judgment-debtor and the legal representative of the deceased first judgment-debtor and they sought to obtain redelivery of possession with mesne profits. A decree was obtained by the first respondent in O. S. No. 65 of 1935 on the file of the Subordinate Judge s Court, Narsapur, on the foot of a mortgage executed by the two judgment-debtors. In execution of the decree, the properties were brought to sale and were purchased by the present 3rd respondent on 13th December, 1948 and the sale was confirmed on 17th January, 1949. Thereupon he took delivery of the properties on 1st April, 1953. Meanwhile, the Madras Agriculturists Relief act (IV of 1938) (hereinafter referred to as the Act) was amended by inserting section 23-A. The effect of this amendment was that if it was satisfied that the judgment-debtor was an agriculturist entitled to the benefits of the Act, the sale or foreclosure would be set aside and

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