These Civil Miscellaneous Second Appeals arise out of two applications for restitution.

The appellants claim through one Bhandari who filed two suits O.S.Nos.236 and 237 of 1937 for recovery of possession of two parcels of land which he alleged were held on chalgeni or terminable leases by Juam Souza and Thomas Souza. The suits were decreed on the 30th August, 1938. On the 25th October, 1938, one Pedru Souza, who will hereafter be referred to as Pedru, filed O.S.No.505 of 1938 against Bhandari praying for a declaration that the properties involved in both O.S.Nos.236 and 237 of 1937 were his mulgeni holdings, and that the decrees in those two suits were not binding on him and praying also that Bhandari should be restrained by an injunction from executing the decrees and disturbing his possession.

In R.E.A.Nos.786 and 787 of 1938, Bhandari applied for delivery of possession of both the properties alleging obstruction by Pedru which he sought removal of. The applications were dismissed on the ground that the suit filed by Pedru for establishing his right to those properties was still pending. O.S.No.505 of 1938 was dismissed on the 21st of July, 1941. Relying on that dismissal