Wadsworth, J.

1. The petitioner here was the plaintiff in a suit to redeem a Malabar kanom. An application was filed in that suit by the ninth defendant for relief under Section 15 of Madras Act IV of 1938. That application was granted and it is this order that the plaintiff-petitioner seeks to revise.

2. The kanom in question was executed on 23rd March, 1915, and it contained a provision that in case of default of payment of rent to the jenmi, the latter could adjust the arrears of rent due with interest thereon to the kanom amount. There was a default and on 10th September, 1934, the plaintiff filed a suit for redemption appropriating the arrears towards the amount which was due under the kanom and claiming to redeem the kanom on payment of the balance Rs. 715 and odd. At the time of this suit, the kanom right was held by the tarwad of the defendants which admittedly paid more than Rs. 500 as land revenue and was therefore not an agriculturist, having regard to the Proviso D to Section 3(ii) of Act IV of 1938. On 5th July, 1935, there was a partition in the defendants tarwad and at this partition the kanom right in question was assigned to the tavazhi represented by the nin