JUDGMENT :- O. S. No. 459 of 1944 on the file of the Court of the District Munsif of Sankaridrug at Salem, was a suit for partition and separate possession of a share in the plaint mentioned properties. The second plaintiff died during the pendency of the suit. The trial court granted a decree in favour of plaintiffs 1 and 3 for 3/16ths share in item I of the suit properties, but dismissed the suit in regard to the other items. On appeal from the said decree in A. S. No. 33 of 1947, on the file of the Court of the Subordinate Judge, Salem, plaintiffs 1 and 3 were granted a preliminary decree for partition of one-tenth share in all the suit items of properties : In S. A. No. 1985 of 1958 this Court affirmed that decree. There were several defendants in the suit, some of whom were alienees of portions of the suit properties.

2. Plaintiffs 1 and 3 filed an application I. A. No. 783 of 1954 in the District Munsif Court, Sankaridrug under Order 20 Rules 12 and 18 Civil Procedure Code, for an enquiry and determination of the mesne profits payable to them by the defendants from the date of the institution of the suit till the delivery of possession, and to give a final decree afte