V. Balakrishna Eradi, J.

1. Defendants 4 to 6 in O.S. 207 of 1950 have preferred this Civil Miscellaneous Appeal. The aforesaid suit was instituted by one Kunhiraman Nambiyar and another for a partition of the plaint schedule properties and for recovery of the plaintiff's 1/3 share with future profits at the rate of Rs. 30/-per year. The suit had been originally dismissed by the trial court and though the said decree of the trial court was confirmed by the lower appellate court, the High court in S. A. No. 932 of 1956 set aside the decrees of the courts below and passed a preliminary decree for partition holding that Kunhiraman Nambiyar was entitled to a 1/3 share. This preliminary decree was, however, silent about the plaintiffs' claim for future profits and did not contain any provision relating thereto.

2. The respondents herein who are the legal representatives of Kunhiraman Nambiyar filed R.I.A. 878 of 1962 in the trial court for passing a final decree. The trial court by order dated 29.9.1964 passed a final decree implementing the valuation and allotment suggested in the Commissioner's report which was accepted by it. Although in their application for final decree the r