This second appeal arises out of E.A. No. 188 of 1946, in O.S. No. 103 of 1940 in the Court of the District Munsif of Visakapatnam, for restitution.

In a suit for partition instituted by the sons of one Goteti Subba Rao, the present first respondent was directed to put the appellants in possession of 44.3/4 cents of land which was found to he in excess of the property to which he was entitled and which, according to the trial Court, belonged to the appellants. An appeal was filed by the present first respondent against this direction which was dismissed by the Subordinate Judge of Vizagapatam. But this Court, in S.A. No. 2154 of 1944, reversed the decisions of the Courts below holding that

“those portions of the lower Court’s decree which do not relate to the plaintiffs shall be deleted and the rights of the defendants inter se be and hereby are left to be adjudicated upon, if necessary, in a different litigation.”

Consequently, the first respondent, in addition to applying for redelivery of that property, inter alia, claimed a sum of Rs. 2,000 as the value of two lakhs of bricks and two lakhs of tiles prepared by the present appellants from out of the earth dug from the 44