Wadsworth, J.

1. The first of these cases arises out of a suit by the appellant, who is the jenmi, for redemption of a kanom and eviction of the tenant. The second case arises out of an application by the tenant for renewal under the provisions of the Malabar Tenancy Act XIV of 1930. The cases have been placed before a Bench because they involve a question of some difficulty, relating to the interpretation of Clause 3 of Section 25 of that Act. There is no doubt about the facts. On the 14th July, 1914, the plaintiffs predecessor granted a kanom demise to the predecessor of defendants 1 to 3. The term for the redemption of this kanom expired on 14th July, 1926, but nothing was done and the tenants continued in possession on the basis of the kanom without the question of renewal being raised. In 1936, after the Malabar Tenancy Act came into force the jenmi filed a suit for redemption and there was a corresponding application by the tenant for renewal. The Court ordered a renewal, the term of the order being recited in the deed as follows:

Whereas under the orders of this Court passed on the said petition on 30th March, 1937, you have duly deposited into Court the sum of Rs. 74