1. This appeal is presented on behalf of the plaintiffs against judgment and decree of Mr. S.S. Hussain, Additional Subordinate Judge of Arrah, dated 4-2-1947.

2. The decree in question is a final decree for mesne profits. The plaintiffs claimed mesne profits for four years, that is, 1348 Fasli to 1351 Fasli as regards the land described in Sen. C to the plaint. With respect to Sen. D land the claim of the plaintiffs for mesne profits was for three years from 1348 Fasli to 1350 Fasli. The total claim of the plaintiffs for mesne profits for both Sens. C and D lands was valued at Rs. 27,717/15/3. A pleader commissioner was appointed in this case to make, local investigation.

According to his report, the plaintiffs were entitled to Samjira paddy at the rate of ten maunds per bigha, Ujla paddy at the rate of nine maunds per bigha, Silhat paddy at the rate of six maunds per bigha and Catch crops (Khesari and Kerao) at the rate of one maund per bigha and Tisi at the rate of hall a maund per bigha. The calculation was made in terms of Pucca bigha and Pucca maund. With respect to Schedule D land, the Commissioner took the view that the produce of wheat would be at five maunds per b