Venkataramana Rao, J.

1. This matter arises out of a reference made by the learned District Munsiff of Melur for a decision on the question whether a plaintiff is entitled to execute a decree awarding, without directing an enquiry, mesne profits since the date of the institution of the suit without payment of Court-fee. The suit was for recovery of certain Immovable property and mesne profits for a period prior to the date of the institution of the suit (13th November, 1926) and also subsequent thereto. The Court by its decree dated 23rd October, 1929, awarded Rs. 60 for profits prior to suit and also awarded profits from the date of suit until delivery of possession at the rate of Rs. 60 per annum. It was carried in appeal both to the District Court and the High Court and ultimately confirmed. The decree of the High Court is dated the 9th September, 1935. The present execution application out of which this reference arises was filed on the 21st November, 1935, praying for delivery of possession of the property and for realisation of Rs. 60 the past profits decreed and also of Rs. 540 the amount of mesne profits due and payable from 13th November, 1926, the date of plaint, t