ORDER OF REFERENCE GOVINDA MENON AND KRISHNASWAMI NAYUDU, JJ.

Dated 2nd April, 1952 :

GOVINDA MENON, J. :- The second appeal and the memorandum of cross-objections raise the same point as tooth the appellant and the cross-objector were plaintiffs 1 and 2 respectively in the court of first instance. The suit was laid on the allegation that the first defendant as an assignee from the second defendant trespassed upon the suit properties while they were in the possession of the plaintiffs and the relief claimed was that the plaintiffs may be given possession of the suit properties and a decree against the first defendant for past and future mesne profits. Both the lower courts have dismissed the suit and hence this second appeal and memorandum of cross-objections.

2. The father of the plaintiffs and his brother were jointly running a chit fund as stakeholders. According to the terms of the chit fund transaction, the chit was to run for about a period of 12 years with one chit being auctioned every year. The subscription for a ticket was Rs. 750 and at the auction the person who bid for the lowest amount got the prize, it was in the nature of the usual auction chit fund, the det