Kuppuswami Ayyar, J.

1. Appeal No. 267 of 1943.--The appellants are respondents 12 and 13 in I.A. No. 142 of 1940 on the file of the Subordinate Judge of Tenali. They are the legal representatives of the first defendant in O.S. No. 30 of 1937 on the file of that Court. It was a suit for recovery of possession of certain properties with mesne profits. A preliminary decree was passed on 17th March, 1939, and the properties were taken possession of shortly thereafter. There were two appeals to this Court against the preliminary decree which were both dismissed on 4th February, 1942. In the meanwhile, I.A. No. 142 of 1940 was filed on 9th February, 1940, for ascertaining the mesne profits. A commissioner was appointed to ascertain the same. After taking evidence and after examining the documents, he submitted a report on 14th November, 1941. The learned Subordinate Judge on receipt of the report heard the objections of both sides and gave a decree and it is against this decree for mesne profits that this appeal has been filed by respondents 12 and 13, who are the legal representatives of the first defendant in the suit.

2. The only two points urged are that the learned Subordinat