1. The appellant is the 2nd defendant.

2. The suit is for redemption of Ext. B1 Panayakacheet dated 17-1-1921, with arrears and future Purappad payable thereunder.

Question having been raised as to the nature of transaction embodied in Ext. B1, as to whether it is a redeemable mortgage or an irredeemable kanom, the courts below have concurred in finding it to be a possessory mortgage, and in that view allowed redemption and recovery of the property on payment of the Panayam amount. The correctness of that finding is canvassed in this Second Appeal.

This appeal was stayed under the Kerala Act I of 1957 which remained in force till 15-2-1961 when the Kerala Agrarian Relations Act, IV of 1961 (hereinafter called the Act) came into force with a direction in its S.95 that all appeals, suits, etc. stayed under the former Act may be disposed of in accord-dance with the provisions of the latter Act.

3. S.9 of the Act provides:

Right to prove real nature of transaction.

(1) Notwithstanding anything in the Indian Evidence Act, 1872 (Central Act I of 1872), or in any other law for the time being in force, any person interested in any land situate in Malabar may plead, adduce evidence a