ORDER :- This revision-petition is directed against a decree of the learned District Judge, Sirmur, whereby, the suit of the petitioner, for the recovery of Rs. 326.12 P, as mesne profits of land, measuring 12 bighas and 15 biswas, was dismissed. The suit was founded on the allegations that the land was owned and possessed by the petitioner, that he had prepared the land for sowing Rabbi crop for 1961, but that the respondent had taken forcible possession of, and had sown the Rabbi crop for 1961, in, the land and had also, illegally harvested that crop.

2. The respondent denied that he had taken forcible possession of the land or had illegally harvested Rabbi crop for 1961. His plea was that the land was evacuee property and had been allotted to Udho Dass, who had leased out the land to the respondent, and that he had been cultivating the land, as a tenant, upto Rabbi 1961. The respondent, further, pleaded that the land was allotted to the petitioner as a result of the scheme of consolidation of holdings, and possession was delivered to him in the month of June. 1961, prior to which date the petitioner had nothing to do with the land The respondent had, also, raised a preli