JUDGMENT :- The plaintiff is the appellant. He filed the suit for a declaration of his title, possession and injunction and for mesne profits. The suit was in respect of ten items and there were four defendants. The plaintiff obtained a decree in respect of Items 1 to 6 and 9 and 10 as against defendants 1, 3 and 4 and that is not the subject-matter of appeal here. The second defendant is in possession of Items 7 and 8 and this second appeal relates only to these two items.

2. The facts leading up to this second appeal are these : The plaintiff as assignee-decree-holder of a decree in O. S. 550 of 1930 took proceedings to execute that decree and in execution thereof purchased these two items along with others in court-auction on 24-10-1935. He alleged that he took delivery of possession in pursuance of his purchase on 2-12-1938. The plaintiff's further case was that the second defendant trespassed on these Items 7 and 8. Thereafter the plaintiff filed O. S. 453 of 1950 against the second defendant and a number of others for possession of these items. In this suit the second defendant remained ex parte and the suit was decreed on 22-1-1952 as seen from the copy of the judgment Ex. A-

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