Alfred Henry Lionel Leach, C.J.

1. In 1926 the respondents filed a suit in the Court of the District Munsif of Kasargod for the recovery of possession of several items of immovable property and for the payment of mesne profits. By a decree dated 2nd December, 1927, the District Munsif dismissed the suit. An appeal was then filed to the Court of the District Judge of South Kanara. The District Judge held that the respondents were entitled to recover possession of one of the items of property. In respect of that item he directed the trial Court to hold an inquiry as to past and future mesne profits and to pass a decree accordingly. The order of the District Judge was on the 6th November, 1930. On the 30lh March, 1934, the respondents applied to the trial Court to ascertain the mesne profits form 31st October, 1925, the date on which the appellant became possessed of the property, to 23rd May, 1932, when he surrendered possession to the respondents in pursuance of the decree of the District Court. The District Munsif held an inquiry and found that there was due to the respondents Rs. 1,173-4-7, which he directed the appellant to pay to them. The appellant filed an appeal before