Judgment

HIDAYATULLAH, J. This is an appeal on a certificate by the High Court of Kerala against its judgment and decree dated September 10, 1957. The suit out of which this appeal arises, was filed by the appellant Kunju Kesavan to redeem an otti created by one Bhagavathi Parameswaran in favour of one Krishnan Marthandan on 5-5-1091 M. E., for 3500 fanams. Subsequently, Krishnan Marthandan created some chittoti. Bhagavathi Parameswaran made a gift of the property to his wife Bhagavathi Valliyamma on 9-3-1103 M. E., by Exh. III. Bhagavathi Valli died on 4-11-1105 M. E. She had an only son Parameswaran Sivaraman who was married to Paravathi Meenakshi and had a son named Vasudevan. Sivaraman, according to the plaintiff, left Travancorre in 1096 M. E., and both sides have taken it for granted that he died thereafter. Meenakshi and Vasudevan, claiming to be the heirs, jointly sold the jenmom rights on 12-4-1123 M. E., to the appellant Kunju Kesavan, and he brought the present suit for redemption of the otti, offering to pay 3500 fanams in equivalent money and for improvements, if any, as determined by the Court. The suit was valued at 3500 fanams (about Rs. 500/-) which was the amount o