1. The suit which gave rise to this second appeal was for recovery of property from the defendants with mesne profits past and future ignoring the summary order passed on E. A. No. 163/1949 on the file of the District Munsiff of Payyoli.

2. The facts are as follows: The suit property belonged to Chovvayil tarwad in jenm in possession. There was a suit for partition of that tarwad, registered as O.S. 1106 of 1943 on the file of the District Munsiff of Payyoli and by the final decree therein the suit property was allotted to the plaintiffs. When plaintiffs applied by the E.A. 163/1949 for delivery of the property they were obstructed by the 1st defendant who claimed to be in possession of the property under a lease, Ext. B1, dated 25-9-1943 granted by Kunhunni Adiyodi the karnavan of the plaintiffs' tarwad. Plaintiffs' application for removal of the obstruction was dismissed by the executing court on 31-8-1950. Plaintiff has therefore instituted this suit to ascertain her right to the property as per the allotment in the final decree of the partition suit and to recover the property from the defendants.

The contention was that the 1st defendant had been in possession of the