Revision petitioner is the 8th respondent. A preliminary decree was passed on 5-10-1953 in a suit for partition. Under the decree respondents 1 and 2 and their deceased father are found entitled to 1/3 share each over the properties. Application for passing of the final decree was filed only in 1973 and final decree was passed on 8-7-1977. First respondent was put in possession of his share of the properties pursuant to the order in E.P. 107 of 1977. Under the final decree the deceased father was alone made liable for mesne profits to the first respondent. Father died and the revision petitioner was impleaded as his legal representative as a legatee under a will. Final decree provided for payment of mesne profits from 17-9-1951 onwards till delivery of possession at the rate of 534 paras of paddy per annum.

2. Contention of the revision petitioner is that under Order XX Rule 12(1)(c)(iii) first respondent is entitled only to mesne profits for three years and no period beyond that. It is contended that even if the final decree was not challenged in appeal or corrected position would be the same as Order XX Rule 12(1)(c)(iii) provides that mesne profits could be granted on