JOHN MATHEW, J. :- Defendants 1 to 11 in O.S. No. 273/81, Sub Court, Kozhikode are the appellants. This suit was originally filed as O. S. No. 191/78 before the Munsiff Court, Kozhikode as one for redemption and recovery of possession. The defendants con­tended that there was only an agreement to mortgage and so the suit for redemption was not maintainable. Thereupon the plaint was amended as one for recovery of possession. When the valuation was accordingly amend­ed, the valuation exceeded the pecuniary jurisdiction of the Munsiff Court, Accord­ingly the plaint was returned to the plaintiff, who presented it before the Sub Court. That court granted a decree for recovery of posses­sion of the plaint schedule properties. That decree was confirmed by a learned Judge of this Court in A.S. No. 355/88. This appeal is directed against the said judgement.

2. The plaintiff executed Ext. A18 (which is same as Ext. B12) agreement dated 19-7-1968 in favour of the 1st defendant and others agreeing to execute a usufructuary mortgage in respect of the plaint schedule property for a consideration of Rs. 2000/- in favour of the 1st defendant for six years and a simple mortgage in favour of