Sadasiva Aiyar, J.

1. This appeal has arisen out of. an application under Section 144 of the Civil Procedure Code in restitution. The defendants were the petitioners in restitution and they are the respondents in this Court. The plaintiff is the appellant. He got a decree in Original Suit No. 381 of 1905 of the Gudivada District Munsifs Court for ejecting the defendants, who were his tenants, the decree awarding him the mesne profits from Fasli 1313 till delivery of possession. The decree was passed on the 23rd December 1907. He got possession in execution of that decree in 1908. But the case went up on second appeal to the High Court and the suit was then wholly dismissed with costs. The defendants then applied under Section 144 to be restored to possession and they got back possession in Fasli 1321. They also applied for recovery of mesne profits wrongfully received by the plaintiff in Fadis 1318, 1319 and 1320. The plaintiff claimed to set off against the mesne profits the arrears of rent due to him for Fadis 1313 to 1317 as landlord and also the arrears of rent which would have been due to him, for Faslis 1318 to 1320 if the defendants had remained in possession as tenan