( 1 ) THIS appeal by the defendants arises out of a suit for recovery of damages for use and occupation, or alternatively mesne profits. Upon the landings of the Courts below on the questions of fact which have not been and cannot, be either in law or on the materials on record challenged in this appeal the position stands thus:

( 2 ) THE property in suit belonged, originally, to Dr. Kartick Chandra Bose and Sons, of Calcutta, under a lease from the Chatterjees. On 23-5-1945, this property was transferred by a conveyance by Dr. Kartick Chandra Bose and sons to the plaintiffs of the present suit and by the said conveyance not only the property but also all right to realise arrears of rent, compensation, etc. , in respect of the said property was transferred to the plaintiffs. It is the plaintiffs' case that the defendants had trespassed into the lands sometime in June 1942, and were continuing their wrongful possession as trespassers. The plaintiffs have brought the present suit for damages for use and occupation, or alternatively, for mesne profits, for the period February 1943 to January 1946, the prior period from June 1942 to January 1943, having been apparen