Rajadhyaksha, J. :- This second appeal raises an interesting question about the right of a mulgenidar to out the trees growing upon the land leased to him under a mulgeni lease. The facts of the case are these. Survey No. 128/1 has been owned jointly by the families of the plaintiffs and the defendants for a very long time. The plaintiffs leased out in mulgeni their undivided joint interest in the property to the defendants family. This took place come time prior to the year 1865, and the precise date when the mulgeni lease was given is not on record. On this land there is, according to the findings of the two lower Courts, a vast medley of wild trees, old and young, including shrubs. The defendants have admittedly cut some trees from the land. The panchnama Ex. 25 mentions that about 66 tress have been cut by the defendants, although the purshis which was given in the course of the trial by the plaintiffs pleader stated that only about 16 trees were out by the defendants. The version of the defendants, on the other hand, is that they cut not more than five or ten trees. But there is no dispute that some trees were cut by the defendants. This has given rise to the present