1. The plaintiff filed suit No. 192 of 1948-49 on 28-4-1949 in the Court of the Civil Judge, Junior Division, at Savli, for a decree for injunction restraining the defendant from interfering with his possession. By a subsequent amendment the plaintiff converted the suit into a suit for possession on the allegation that he had been dispossessed by the defendant on 26-4-1949.

The defendant contended that lie was the tenant of the plaintiff and that he had not surrendered possession to the plaintiff as alleged by the latter. The learned trial Judge held that the defendant had surrendered possession of the suit land as alleged by the plaintiff, and that the plaintiff was entitled to a decree for possession. The learned trial Judge accordingly passed a decree for possession in favour of the plaintiff and for mesne profits from the date of possession till recovery to be ascertained under Order 20, Rule 12, C. P. C.

2. Against the decree an appeal was pre- ferred to the District Court at Baroda; and in appeal the learned Assistant Judge confirmed the decree passed by the trial Court. The defendant has come to this Court in second appeal.

3. It was urged before me by Mr. Vakil on be