K. SUBBA RAO, C.J. : -

This revision has been referred to a Division Bench by Satyanarayana Raju J.

1a. The facts are simple and are not in dispute. One Rachepalli Nagireddi filed O. S. No. 42 of 1948 on the file of the Court of the Subordinate Judge, Anantapur, for a declaration of his title to the plaint schedule properties and for a permanent injunction restraining the respondent from interfering with his possession of the properties. Pending the suit, the plaintiff died and the petitioner was brought on record as his legal representative.

She applied for, and obtained amendment of the plaint to include an alternative prayer for possession. But, even in the amended plaint, there was no prayer for future mesne profits. The first Court substantially dismissed the suit but, on appeal, the High Court reversed the judgment of the first Court and gave a decree granting the aforesaid two reliefs. But the decree did not give the relief for future mesne profits. The respondent preferred an appeal against the decree of the High Court to the Supreme Court.

Pending the appeal to the Supreme Court, the petitioner took possession of the properties through Court and thereafter she filed o