JUDGMENT

B.B. Ghose, J. - This is an appeal by defendant 1 against the final decree made by the Court below with reference to mesne profits. The plaintiffs brought a suit for recovery of immovable properties with mesne profits included in four schedules attached to their plaint. The suit for the properties included in Schedules 1, 2 and 3 was dismissed. The plaintiffs obtained a decree for the properties included in Schedule 4. This decree is dated 31st March 1908. The defendants did not appeal against that decree but the plaintiffs appealed against that portion of the claim which was dismissed by the trial Court to the High Court that is, with reference to the properties included in Schedules 1, 2 and 3. That appeal was dismissed by the High Court on 25th June 1912. The plaintiffs preferred a further appeal to the Privy Council which was also dismissed on 20th January 1920. The plaintiffs then sought for execution of the decree with regard to the properties in the fourth schedule to the plaint on 8th December 1922.

2. The present appellant raised the question that the execution was barred by limitation. This was decided against the defendants by a decision of this, Court to which I