1. The suit is for the redemption of a mortgage with possession, Ext. B dated August 14,1931 A. D. corresponding to Karkadakom 29,1106 M.E. in favour of Tharappan, represented in this suit by his sons, defendants 1 to 3, and grandsons defendants 4 to 9. The principal question for decision is whether a prior lease, Ext. A dated Karkadakom 28, 1091, in favour of Tharappan subsisted after Ext. B, or must be deemed to have been surrendered impliedly on the date thereof Ext. A was a 'verumpattom' lease with no premium & no right in the lessee to make improvements, and was for a term of one year. It stipulated the payment of tax by the lessee amounting to Rs. 48-8-1 annually, and the payment of pattern or rent at 670 paras-2 edangazhees-2 nazhees of paddy in the months of Kanni and Makaram, and a perquisite of 'vazhakula' at eight arenas per annum. Ext. B is called 'kaivasapanayadharam' (mortgage with possession), the mortgage amount being Rs. 2500. The mortgaged properties were, the three items of properties described as such in the schedule appended to it, which were stated to be then outstanding with Tharappan under Ext. A lease. Ext. B recited, that the possession of the