1. The plaintiff is the appellant. The appeal is against the judgment of this court in S.A.No. 262 of 1954. (1956 K.L.T. 363). The suit, filed on 15-3-1119, is for the redemption of an alleged mortgage of unspecified date. According to the plaintiff the property belonged to one Kurichimattom. It was demised on Kanappattom to Kundarathala tarwad and the defendants are in possession under a mortgage executed by the Karnavan of the Kundarathala tarwad in favour of the karanavan of the defendant's tarwad. Those members of the Kundarathala tarwad who obtained in partition the equity of redemption of these properties, sold the same to the plaintiff on 27-12-1117 with a direction to redeem the mortgage. The cause of action is stated to have arisen on 21-4-1075, 4-1-1099 the date of partition in Kundarathala tarwad, and on 27-12-1117 when the equity of redemption was purchased by the plaintiff. The significance of the first date, i.e., 21-4-1075 is not indicated in the plaint.

2. The third defendant who alone contested the suit denied the mortgage and alleged that the property belonged to the defendant's tarwad from ancient times, that she has purchased it from those members who