1. This Second Appeal has been referred by the Single Judge to the Division Bench as he thought that there was some conflict in the rulings which may govern the decision of this case. The facts of the case are

briefly as follows: The suit was for redemption of a mortgage evidenced by Ext. A executed by one Thommen Cheria, the father of the plaintiff and 4th defendant in favour of the 2nd defendant, after setting aside a sale held in execution. The 1st defendant was the owner of the properties. He executed a kanom in respect of these properties in favour of four strangers. Thommen Cheria purchased the right from one of the kanomdars and mortgaged the same under Ext. A to the 2nd defendant for Rs. 1,000/-. The 1st defendant, instituted a suit O.S. No. 41098 claiming michavaram in respect of these properties. Thommen Cheria was the 7th defendant in that suit. He was impleaded as the assignee of the kanom right from one of the kanom-holders. It was alleged by the plaintiff that in execution of the decree in O.S. 41098 the kanom right in the property was sold and was purchased by the 1st defendant and that at the time of the execution sale Thommen Cheria was dead. The exact