1. The decree-holder in O.S. No. 71 of 1123 on the file of the Anjikaimal District Court is the appellant. The decree allows him to recover the plaint items from the defendants on payment to them of the amount fixed as the value of the improvements effected on the properties. Past and future mesne profits have also been decreed in favour of the plaintiff. The decree was confirmed by this Court in A.S. No. 852 of 1951 subject to the modification that the amount decreed as past mesne profits was limited to such mesne profits due for a period of 3 years prior to the date of the suit. When the decree holder applied for being put in possession of the properties as per the terms of the decree, the first defendant objected by contending that the value of all the items of improvements now found on the properties should be ascertained and fixed and that only on payment of the entire amount due to him on that account he can be deprived of the possession of the properties. He put in a separate petition for the issue of a commission to fix the value of the improvements specified by him. The lower court accepted the contentions of the 1st defendant and ordered the issue of a commiss