K. SUBBA RAO, C.J. : -

This second appeal is directed against the decree and judgment of the Court of the Subordinate Judge, Srikakulam confirming that of the District Munsif, Srikakulam, dismissing the petition filed by the appellant for ascertainment of mesne profits.

2. One Nakka Appala Naidu filed O. S. No. 555 of 1942 in the Court of the District Munsif, Srikakulam, for partition of the plaint schedule property against defendants 1 to 3 and obtained a preliminary decree for partition on 9-9-1944. In the plaint, there was no prayer for the ascertainment of future profits. That decree was modified in Second appeal on 13-10-1949. The preliminary decree did not in terms give any direction for the ascertainment of future profits. The decree-holder transferred all his rights under the preliminary decree and also his claim for profits to the appellant, and the transfer was recognised by the Court. On a petition filed by the transferee decree-holder i.e., the appellant, a final decree was passed on 10-12-1951.

The judgment-debtors preferred an appeal against the final decree to the Subordinate Judges Court, Srikakulam, being A. S. No. 51 of 1952. The Subordinate Judges Court mod