Ramaswami, J.

1. This case has a long and complicated history; but the question posed for decision in this appeal liea within a short compass. The appellant brought the suit for a declaration of title, for possession and mesne profits with respect to 1/9th share of certain villages which belonged to her parents Fazl Imam and Bibi Zohra, The respondent who was her eldest brother admitted her claim. The other defendants effected a compromise with the appellant which was recorded by the Court. On 9th February 1926 the appellant obtained a decree for possession of her share and for mesne profits. It is not necessary to trace in detail the further stages of the litigitions. On 28th March 1934, the plaintiff filed an application for ascertainment of mesne profits from the respondent with respect to her share according to the preliminary decree. Mr. Bagchi who was the Subordinate Judge at the time issued notice to the parties, recorded evidence of witnesses and on 8th March 1939 adjudicated the quantum of mesne profits. The last paragraph of his order states :

"I would therefore allow mesne profits for the period of claim at Rs. 652 per year according to the previous finding (vide