1. This is an appeal by a usufructuary mortgagee. A decree for redemption was passed against the appellant at the instance of the predecessor-in-interest of the respondents on 12 31956. Thereafter an application was made by the decree-holder purporting to be under Order XXI, R.35 of the Code of Civil Procedure read with S.5 and 11 of the Kerala Agriculturists Debt Relief Act, 1958 on 10 11959. This was opposed by the appellant on the ground that the application is not maintainable. The objections taken were that S.11 of the Kerala Agriculturists Debt Relief Act, 1958 can have no application as the section envisages the existence of a mortgage and there was none at the time of the application as a decree on the mortgage had intervened. It was also urged that S.11, in any event, cannot apply and that the correct section, is S.7. There was a further contention that the application which was apparently moved on the execution side is not maintainable. These contentions have been negatived by the first court as well as by the appellate court.

2. In view of the decision of the Federal Court reported in Thota China Subba Rao and others v. Mattapalli Raju and others (AIR. 1950 F.