Anantakrishna Aiyar, J.

1. In O.S. No. 414 of 1928, on the file of the District Munsifs Court, Melur, the plaintiff obtained the following decree, on 18th December, 1929:

(1) "That the defendant do put the plaintiff in possession of the property specified in the schedule: hereunto annexed.

(2) That the defendant do pay to the plaintiff the sum of Rs. 60 on account of mesne profits which have accrued due prior to the institution of the suit, and do also pay future mesne profits at the rate of Rs. 60 per year from the institution of the suit until the delivery of possession to the decree-holder or the relinquishment of possession of the judgment-debtor with notice to the decree-holder through the Court or the expiration of three years from the date of the decree whichever event occurs earlier.

(3) That the defendant do pay plaintiffs costs Rs. 45-2-0 and do bear his own Rs. 24-8-0.

2. The decree-holder applied in E.P. No. 615 of 1930 on 23rd September, 1930, for execution of the decree so far as immovable property was concerned and for delivery of possession of the property decreed to him. He also mentioned in the execution petition that he would file a separate execution petitio