JUDGMENT

Thomas, J.-Appellant won the cause at all the tiers in the judicial hierarchy during trial stage but the fruits of the decree which he earned thereby are still eluding him. The decree is practically rendered nonest during execution stage as the High Court upheld the contentions of the contesting respondents in disregard of the contrary findings made during trial stage. The order so passed by a learned single Judge of the High Court of Kerala is now being challenged in this appeal by special leave.

2. Facts, spread over to a wide range of period covering more than half a century by now, can be stated as follows : In 1943 a document (Ex. P1) was executed styling it as "Otti and Kuzhikanam" in favour of the first respondent in respect of the suit properties. In fact those properties were outstanding on lease with the respondent before the execution of Ex. P1. A suit for redemption of mortgage was filed by the appellant, claiming to be entitled to redeem the mortgage, on the premise that Ex.P1 was a usufructuary mortgage. First respondent, after admitting the execution of Ex.P1, contended that it was not meant to terminate the earlier lease arrangement and hence he continued to