PARIPOORNAN, J. :- The above appeal comes up before the Full Bench on a reference made by a Division Bench of this Court, by order dated 12-12-1989. The Division Bench felt that the decision in Parameswaran Thampi v. Podiyan Thomas, 1984 KLT 397, relied on by the respondents in the appeal (Plaintiffs in the suit) in support of the decrees of the Courts below requires reconsideration. Since the decision in Parameswaran Thampi's case (1984 KLT 397) is one rendered by a Bench of this Court, the matter is referred for consideration by a Full Bench.

2. The short facts necessary for the dis­posal of this appeal are as follows :-

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Defendants 2 to 6 in O.S. No. 172/73, Munsiff's Court, Ponnani are the appellants in this second appeal. The plaintiffs in the suit are the respondents herein. The suit was originally laid against defendants 1 and 2 only. Pending the suit the first defendant died. His legal heirs were impleaded. Second defendant was recorded as one of the legal heirs of the first defendant. Defendants 3 to 6 were impleaded as the legal heirs of the first defendant on 13-8-1976. The suit was one for redemption of Ext. A1 mortgage dated 14-3-­1956. There was also a prayer f