This is an appeal by defendants 1, 26 and 27 against the judgment and decree in O.S.No.9 of 1947 on the file of the Court of the Subordinate Judge, Palghat. The properties, which are the subject-matter of this litigation, consist of 63 items of land. Items 1 to 41 belong in jenm to Thiruvara Devaswom and they are subject to a kanom for Rs.2,600 in favour of Vadakke Meledom, of which defendants 1 to 25 are the members. Items 42 to 63 belong in jenm to Kavalappara Estate and they are subject to a kanom for Rs.395 in favour of the same Edam. The first defendant, who was originally the karnavan of this Edam, was removed from management by a decree passed in O.S.No.35 of 1917 on the file of the Court of the District Munsiff of Alathur. That decree also provided that the first defendant should get annually 300 paras of paddy for his maintenance. The second defendant, who succeeded to the- management, Was also removed by a decree passed in O.S.No.14 of 1925 on the file of the Court of the District Munsiff, Alathur, and defendants 3 and 12 became the managers. On 1st November, 1927, all the members of the Edam excluding defendants 1 and 2 executed a usufructuary mortgage of their rights over the suit properties in favour of the first plaintiff for a sum of Rs.7,350 (Ex.A-2). Out of this sum, Rs.621-13-9 was paid to the mortgagors for discharge of two debts and the balance of Rs.6,728-2-3 was reserved with the mortgagee for discharge of eight debts, which are set out in the deed. On 24th July, 1929, there was a further usufructuary mortgage over the suit properties in favour of the first plaintiff by all the members of the Edam excepting defendants 1 and 2 for a sum of Rs.4,450. This deed provided inter alia that the mortgagee should pay 300 paras of paddy to the first defendant as provided in the decree in O.S.No.35 of 1917; 305 paras of paddy to the Edam and appropriate the balance towards the Government revenue, michavaram and the interest. In pursuance of these two deeds, the first plaintiff got into possession of the suit properties and discharged all the debts mentioned in Ex.A-2 except a mortgage debt of the year 1921 in favour of one Kunhiraman Nayar for a sum of Rs.1,225. Kunhiraman Nayar filed O.S.No.79 of 1933 on the file of the District Munsiff’s Court, Alathur, for recovering the amount due under his mortgage and obtained a decree. One Ramaswami Iyer obtained an assignment of this decree and in execution thereof brought the suit properties to sale. The first plaintiff became the purchaser in Court auction held on 19th December, 1934, for a sum of Rs.5,120 and the sale was confirmed on 21st January, 1935 (Vide Sale certificate Ex.A-4). After payment of the amount due under the* decree in O.S.No.79 of 1933, there was a balance of Rs.3,284-13-10 and that was drawn by the first plaintiff and appropriated towards the amount due under Ex. A-2.

After the sale, the first plaintiff took up the position that by reason of the purchase on 19th December, 1934, the mortgages dated 1st November, 1927 and 24th July, 1929, had become extinguished and that he became the absolute owner of the kanom rights of the Edam free from the two mortgages aforesaid. In that view, he declined to deliver the paddy either to the first defendant or to the Edam as provided in the mortgage dated 24th July, 1929. The first defendant then applied to execute the decree in O.S.No.35 of 1917 on the file of the District Munsiff’s Court, Alathur, and attached the purappad payable by the first plaintiff under the mortgage deed, got himself appointed Receiver for collecting the same and as Receiver filed O.S.No.90 of 1943 in the District Munsiff’s Court, Alathur, for recovery of 2,400 paras of paddy being the maintenance payable for 8 years from 1935 to 1943. The first plaintiff contested the suit on the ground that by reason of his purchase on 19th December, 1934, the mortgages had become extinguished and that therefore be was released from the