Govinda Menon, J.-The appellants in this appeal are defendants 1, 2, 4 and 5 in O.S. No. 200 of 1949 on the file of the Court of the Subordinate Judge of South Kanara who may be compendiously known as the mortgagees, while the plaintiffs 1 to 7 and defendants 24 to 26 represent the family of the mortgagors. The other defendants are tenants who have been impleaded as necessary parties to the litigation. The action in the Court below was for the redemption of a mortgage executed by the family of the plaintiffs in favour of the defendants’ family evidenced by Exhibit A-1 dated 15th June, 1909 for a sum of Rs. 18,999. The mortgage was usufructuary in character and the mortgagees were put in possession of the properties. It is not necessary for the purpose of this appeal to detail at any length with the terms and conditions of the mortgage especially since in the Court below the right of the plaintiffs to redeem Exhibit A-1 was not questioned. The main contest was with regard to the value of improvements payable to the mortgagees in possession which according to their written statement amounted to Rs. 36,290 and the main issues in the case related to the quantum of compensation for asce

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