Harries, C. J. :- This is an application for leave to appeal to the Supreme Court from a decree of an appellate Bench of this Court dated 22-11-1949. It would appear that the amount involved far exceed Rs. 20,000. But in my view we cannot grant leave to appeal in this case because the order is not a final order and it is not a case in which we could grant a certificate that the case was a fit one for appeal.

2. The litigation has had a long history. A suit was originally brought by the proposed respondents Midnapore Zemindary Co. Ltd., as far back as the year 1930 claiming possession of five thousand bighas of land which was said to have emerged from the river Padma sometime before the year 1927. The claim was dismissed by the trial Court, but on appeal a Bench of this Court came to the conclusion that these lands were accretions to lands of the proposed respondents and therefore that the proposed respondents were entitled to recover possession of the lands in suit and made a decree for possession. The Bench then went on to consider the question whether the Midnapore Zemindary Co. Ltd., were entitled to mesne profits. They came to the conclusion that there was a prayer for