1. One Krishna Kurup, who was the husband of the 1st defendant and the father of the respondents defendants 2 to 4, and to whom the suit property belonged, executed in the year 1939, Ext. B-1, purporting to be a kanom, in favour of one Amina Umma and on the same day gave her also Ext. B-2, a verumpattakaichit, purporting to take the property back on lease. The appellant as the transferee of the rights of Amina Umma, sued Krishna Kurup in O. S.716 of 1949 for arrears of rent, accrued during the years 1120 to 1123, alleging Ext. B-1 to be a kanom. Krishna Kurup contended that Ext. B-1 is a mortgage and claimed the benefit of S.9-A of the Madras Agriculturists Relief Act, Act 4 of 1938. The Court held by Ext. B-4 judgment dated the 26th November, 1949, that S.9-A is not applicable, not being a usufructuary

mortgage but only a demise. O. S.78 of 1959 out of which S. A. 160 of 1962 arises, was instituted by the appellant against the respondents, as the legal representatives of Krishna Kurup, for arrears of rent for the years 1132 and 1133. The respondent contended, that Ext. B-1 is a mortgage amenable to the provisions of the Kerala Agriculturists Debt Relief Act, 1958, Act