Kanhaiya Singh, J.

1. This case has been referred to a Full Bench because of the important question of law involved in it.

2. The material facts are these. The plaintiffs instituted Partition Suit 5 of 1934 in the Court of the Subordinate Judge, Monghyr. A preliminary decree was passed, and on 30th March, 1943, a final decree was drawn up. In February 1944, the plaintiffs obtained delivery of possession pursuant to the final decree. Thereafter, they instituted the present money suit on 20th September, 1943, claiming mesne profits from the defendants first party for the years 1345 to 1350 fasli (1938 to 1943). On 20th January, 1945, a preliminary decree was passed holding that the defendants were liable for mesne profits and directing an enquiry into the mesne profits by a pleader commissioner appointed by Court. From this preliminary decree the defendant took an appeal to this Court, numbered as First Appeal 98 of 1945, which was eventually dismissed on 19th January, 1948. Thereafter, a pleader commissioner was appointed to assess mesne profits, and he, in due course, submitted his report on 14th April, 1949. The parties preferred objection, and, after disposal of their obj