(1.) The appellant herein is the 1st defendant; and the suit is for recovery of the profits of property lost to the plaintiff within three years preceding the institution of the suit, on account of the defendants procuring several orders from court and thereby delaying the plaintiffs getting possession of the property in execution of the decree in O.S.
(2.) The 1st defendant contended that he had only been seeking reliefs under law, that the execution in O.S. No. 409 was really within the prohibition of Act VIII of 1950 (T-C.) (the decree being for eviction of a lessee) and that the plaintiff was not entitled to any relief in this suit. The Munsiff decreed the suit awarding mesne profits to the plaintiff at Rs. 286-12-9 per annum for the period from 29-5-1949 to 12-1-1952 which latter date was found to be the date of delivery of the property to him; and the lower appellate court upheld it. Hence this second appeal.
(3.) Mr. Sivasankara Panicker, appeared on behalf of the plaintiffs but was not heard on this second appeal for the following reason: