JUDGMENT :- These two second appeals, by plaintiffs, arise out of a suit for possession of lands in villages Kanaur and Bajhar, Tehsil Kasumpti, and for mesne profits. The suit was decreed by the trial Court (Senior Subordinate Judge, Mahasu), but was dismissed in appeal by the learned District Judge. Hence, these two second appeals.

Regular Second Appeal No. 10 of 1954 arises out of Civil Appeal No. 57/51 of the Court of the District Judge, Mahasu, whereby the decree for possession passed by the trial Court was set aside, while Regular Second Appeal No. 11 of 1954 arises out of Civil Appeal No. 71/51, whereby the decree of the trial Court, awarding a sum of Rs. 2,353/- as mesne profits was set aside. Since both the second appeals were inter-connected, they were heard together. This judgment will dispose of both of them.

2. Parties, with the exception of respondent No. 1, Thakur Narsinghji Maharaj through Raja Dalip Singh of Dhami, are descendants of a common ancestor, named Mannu. The plaintiffs case was that the ancestors of themselves and defendants 2 to 10 had settled in village Kanaur several years ago. They acquired 40 bighas and 15 biswas of land in village Kanaur and 120 bigh

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