JUDGMENT - 1. The question which falls for decision in this Second Appeal is whether the suit filed by the appellant to recover mesne profits of the years 1951-52 and 1952-53 is barred under Order 2, Rule 2 of the Code of Civil Procedure by reason of a previous suit which was filed by him on the 17th of February 1954 to recover mesne profits of the year 1950-51.

2. Two agricultural lands bearing survey Nos. 41/1 and 63, situated at Brahma, District Akola, originally belonged to Uttamrao and others. In execution of a decree which was obtained by one Nathamal, the lands were put to sale and were purchased by the appellant who obtained actual possession thereof on the 5th of August 1950. The 1st defendant and the predecessors-in-tltle of some of the other defendants hereafter filed an application under Order 21, Rule 100 of the Civil Procedure Code stating that they were in lawful possession of the property and complaining that the appellant had unlawfully dispossessed them. That application was granted, as a result whereof possession was restored to the defendants on the 16th of July 1951. The appellant then brought a suit under Order 21, Rule 103 of the Civil Procedure Code to establ

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