1. In O.S. 15 of 1959 on the file of the Munsiff's, Court Quilon, the respondent herein sued the petitioner for the redemption of a possessory mortgage (an otti) for Rs. 700/- executed by him on 5-9-1950. The redemption he sought was in accordance with the provisions of S.11 of Act 31 of 1958-that he is an agriculturist entitled to the benefits of the Act was not disputed - that is, on deposit of half the mortgage amount. The defence was that there was a deed of further charge in the sum of Rs. 550/- executed on 21-2-1957, and that the plaintiff was not entitled to recover without depositing half this sum as well. Pending suit, the plaintiff filed an interlocutory application, CMP. No. 1529 of 1959, out of which the present revision arises, claiming the very relief claimed in the suit, namely, delivery of the property to him in view of the deposit he had made. Surprisingly enough this application was entertained, but was dismissed on the merits, the learned Munsiff upholding the contention of the defendant that the plaintiff could recover only on depositing half the amount covered by the deed of further charge as well. The plaintiff went up on appeal and the appellate c