This Appeal is filed by defendants 2 to 4 in O.S.No. 29 of 1948 on the file of the Subordinate Judge’s Court, Guntur. It relates only to costs and mesne profits.

The suit was instituted against the Provincial Government of Madras, represented by the District Collector, and the tenants, defendants 2 to 4 for possession of suit properties and for mesne profits, past and future. The basis of the suit was that the suit properties, of an extent of about 12 acres, belonged to the plaintiffs. They are lanka lands, which were submerged under the Krishna River several years back but reappeared in or about the year 1943. They adjoin the lands belonging to the 1st defendant. Under a m1staken impression that these and some other lanka lands were part of the Government lankas, the 1 st defendant included them in a lease granted by him to defendants 2 to 4 on the 7th of September, 1944, for a period of three years. Subsequently the plaintiffs, with a view to have the tide to the suit properties ascertained, requested the Government to have a survey of these lands ordered. This request was complied with and the survey disclosed that the suit lands before immersion were the properties’ of