JUDGMENT.— The second defendant in O.S. No. 409 of 1948 on the file of the Court of the Subordinate Judge of Udamalpet is the appellant herein. The plaintiffs filed the suit for partition in the year 1948 and for possession of their 2/3rd share in one half of the suit property and for mesne profits. A preliminary decree was passed on 25th January, 1950. As against that, there was an appeal in A.S. No. 426 of 1950 to this Court, and by judgment dated 27th October, 1954, the plaintiffs were given mesne profits from 14th December, 1948, till date of delivery of possession of the property. On 11th February, 1957, the plaintiffs applied for passing of the final decree. A commissioner was appointed who made three reports on 27th October, 1958, 12th November, 1958 and 17th December, 1958. After the receipt of these reports, there was an interim final decree on 14th February, 1959. As against that interim final decree, there was an appeal which was dismised. On 28th February, 1973, there was a final decree directing mesne profits being paid at the rate of Rs. 500 per annum from 14th December, 1958, till date of delivery of possession. It is this direction that is now objected to.

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