1. This is an appeal filed by the plaintiff against the judgment and decree passed by the Additional Temporary Second Judge, Kottayam, on 11th Kumbhom 1116, dismissing his suit O.S. No. 96 of 1102 on the file of the District Court of Kottayam which was for redemption of a mortgage and puravaippa. The appeal, besides impeaching the decree, attacks the findings recorded by the learned judge that in the event of redemption compensation for improvements is payable by the plaintiff.

The properties sought to be redeemed are Cherikkal lands, that is to say, "lands on the summit and slopes of hills cleared for purposes of cultivation". A certain Mannoor Tarwad originally held the properties on Adiyara tenure as early as the year 983 M.E. That Tarwad usufructuarily mortgaged the properties to one Valluvasseril Kurien Mani in the year 1021 and assigned the equity of redemption in the year 1027 in the name of one Ramaru Kartha benami for the mortgagee. Ext. W is the deed of assignment. On even date Kartha gave a surrender in favour of the said Mani acknowledging his benami character and the real title of Mani. On 20th Chingom 1062 Kurien son of the said Mani gave a usufructuary mor