Venkatarama Ayyar, J.-

This is an appeal under clause 15 of the Letters Patent against the judgment of Panchapakesa Ayyar, J., in C.M.A.No.328 of 1948 The judgment-debtor is the appellant. The respondent filed O.S.No.33 of 1929 in the District Munsif’s Court, Erode, for partition of certain properties held in co-ownership. There were a number of defendants in that suit. On 3rd October, 1929, a preliminary decree was passed. Clause 1 of the decree declared the right of the plaintiff to a 5/6 share in the properties and directed a division thereof. Under clause 2, the plaintiff was declared entitled to mesne profits from 31st October, 1927, till date of delivery of possession at the rate of 7½ pothies of paddy or their value, Rs.200, per annum. The third clause provided that the plaintiff was entitled to recover the mesne profits subject to the condition that he paid the court-fees payable on the amount of the mesne profits granted under the decree within one week from that date and that in default of payment of the court-fee the plaintiff should not obtain a copy of the decree and execute the same against the defendants. Thus, the decree was a preliminary decree with reference to div

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