JUDGMENT:- This second appeal arises from the judgment of the Additional District Judge, Salem, dismissing the suit instituted by the appellants father, Muthuswami Gounder, (since dead, deceased) for recovery of mesne profits. Muthuswami Gounder was the son of Chinnakutti Gounder. He instituted the suit O. S. No. 167 of 1950 for partition and separate possession of his one-third share in the family properties. There was a preliminary decree on 25-9-1952 under which the appellants fathers right to a third share was declared; the other two-thirds was to be taken by Chinnakutti Goundan and his other son Subbaraya Gounder, the latter of whom is the first respondent in this appeal. Under the plaint in the partition suit Muthuswami Gounder did not pray for recovery of subsequent mesne profits. A final decree was passed on 14-3-1956. That decree did not provide for taking of accounts of the income of the family properties and allotting to the appellants father his legitimate share of the income from the suit properties received by the defendants therein subsequent to the institution of that suit. Possession of the properties in accordance with the terms of the final decree was de