1. The short question that arises in this second appeal is whether the court while passing a decree for recovery of possession with mesne profits is competent to award to the plaintiff future mesne profits at a rate higher thai, what has been specifically stated in the plaint.

2. The facts against the background of which the question has arisen before us may be briefly stated. The appellant before us instituted O S. No. 129 of 1965 in the Munsiff's Court, Karunagappally seeking recovery of possession of the plaint schedule property from the 1st respondent herein, who was the sole defendant in the action, with mesne profits, past and future, at the rate of Rs 200/- per annum. Though the trial court dismissed the suit, that decree was set aside in appeal by the District Court, Quilon in A S. No. 240 of 1967. By the appellate judgment the plaintiff was granted a decree for recovery of possession of the suit properly with future mesne profits from the date of suit, the claim for past profits being disallowed. The appellate decree directed that the quantum of mesne profits should be determined at the execution stage. the plaintiff-decree-holder while applying for delivery of