JUDGMENT : This is an appeal by the third defendant in O. S. No. 322 of 1953 against the order of the District judge. Tirunelveli, in C. M. A. 92 of 1961, directing execution against the third defendant for mesne profits.

2. The properties in dispute originally belonged to one Isakki Periumal. He left a will dated 16-2-1930 by which he gave a life estate in the suit properties to his wife and the remainder to a trust. The widow executed a settlement in favour of the first defendant and another, by deed dated 16-9-1944. The first defendant sold items 1, 2 and 3 to the second defendant on 18-2-1952. The second defendant sold some of the properties to the sixth defendant. The third defendant, who is the appellant herein purchased 85 frees from the second defendant. The trees were on items 1, 2 and 3. Defendants 4 and 5 are the lessees of items 1 to 3. The (Madalayam) (rule filed the suit, O. S. 322 of 1953, for recovery of the items of properly which Isakki Perumal bequeathed to it by will dated 16-9-1930. The suit was contested by defendants 1, 2 and 6. A decree as prayed for by the plaintiff was passed on 31-1-1955, and an appeal by defendants 1, 2 and 6. A.S. 11 of 1956, wa