Varadachariar, J.

1. This second appeal arises out of a suit in which the plaint comprised 3 heads of claim and the Courts below have dismissed the suit in respect of all those claims on grounds of law. It is much to be regretted that the questions of fact arising in the case remain to be investigated hereafter, after the lapse of several years.

2. The following are the circumstances that led up to this suit. The plaintiff instituted O.S. No. 90 of 1924 on the file of the Mangalore Sub-Court, for recovery of possession of certain properties with mesne profits and certain alienees were impleaded as parties thereto. The defendants to the present suit were defendants 8 and 9 in the former suit. That suit was referred to arbitrators and an award was passed on 13th September 1926 to the effect that the plaintiff would be entitled to take possession of the properties in the possession of the present defendants on depositing into Court on the next Vishu Shankramana day (middle of April 1927) a sum of Rs. 2,600 for payment to the defendants as compensation for improvements effected by them. The award went on to add that the plaintiff was not entitled to any mesne profits until the de