1. It appears in this case that the plaintiffs brought a title suit for a declaration of title and recovery of possession of certain properties and also for mesne profits. The suit was decreed by the Additional Munsif of Monghyr on 29-6-1946, and subsequently his decree was affirmed by the district Judge and by the High Court. The plaintiff-decree-holders then filed an execution Case No. 139 of 1949 for recovery of possession, but an objection was filed by one Wali Mohammad who claimed to have purchased the property already at a court sale. The objection was allowed under Order 21, Rule 58, Code of Civil Procedure, and thereafter a suit appears to have been filed in accordance with Order 21, Rule 63. Code of Civil Procedure. The plaintiffs then filed an application for ascertainment of mesne profits. The defendants raised several objections, but these objections were overruled by the learned Munsif and it was held by the learned Munsif that the plaintiffs were entitled to mesne profits till the date of dispossession, namely, from 30-5-1940 till the year 1948. An appeal was taken against this order of the Munsif by the defendants and it has been held by the lower appellate C