JUDGMENT :

1. This Second Appeal is filed by the defendants as against the judgment and decree of the Subordinate Judge of Tenali in A.S. No. 41 of 1949 decreeing the plaintiff's suit for recovery of compensation from the defendants in respect of a contract for sale dated 26-1-1943. The plaintiff filed O.S. No. 40 of 1946 on the file of the District Munsif, Repalle for specific performance of the agreement of sale or in the alternative for recovery of damages. The suit was decreed. The present suit was instituted on 4-11-1947 for recovery of mesne profits from the suit land. An objection was raised that mesne profits were not payable. The District Munsif in the first instance decreed the suit. There was an appeal A.S. No. 80 of 1948 filed before the Sub-ordinate Judge of Tenali. The Subordinate Judge, Tenali held that having regard to the provisions of Section 54(5) of the Transfer of Property Act, the seller was entitled to the rents and profits of the property till the ownership passed to the buyer and that the suit for recovery of mesne profits was not maintainable. He also held that viewed as a suit for recovery of damages 0.2 R. 2 Would apply and the suit would also fail on th