1. These appeals arise from two suits O.S. Nos. 285 of 1953 and 38 of 1954 on the file of the Addl. District Munsiff of Kozhikode. As the two suits have been tried and disposed of jointly by one judgment, it is convenient to refer to the parties with reference to one of the suits; and hereinafter they will be referred to by their rank in the first-mentioned suit.

2. The material facts of the cases are as follow:

O.S. No. 285 of 1953 is a suit for redemption of a mortgage. The property originally belonged to the tarwad of the 2nd defendant. On March 12,1877, the then karnavan of the tarwad mortgaged the same to Kunhitheyi Amma as per an "Otti" deed (Ext. B1). By assignment the mortgage became vested in the 1st defendant. The 2nd defendant, having become the last survivor in his tarwad, sold the property to the plaintiff on March 2,1953, as per Ext. B2. The plaintiff issued a notice on March 6,1953 to the 1st defendant demanding surrender of the property on redemption of the mortgage, and instituted the suit on March 14,1953. The 1st defendant was personally served with summons on March 27,1953; but she remained ex parte. On July 6,1953 she assigned her mortgage to defendan