(1.) These appeals arise from two suits O.S. Nos. 285 of 1953 and 38 of 1954 on the file of the Addl. District Munsiff of Kozhikode. As the two suits have been tried and disposed of jointly by one judgment, it is convenient to refer to the parties with reference to one of the suits; and hereinafter they will be referred to by their rank in the first-mentioned suit.
(2.) The material facts of the cases are as follow:
(3.) The learned Munsiff decreed the suit for pre emption in favour of defendants 3 and 4 directing them to deposit in court before March 30, 1955, for payment to the plaintiff the consideration he had paid for the sale; and dismissed the suit for redemption while observing that the mortgage debt should have been deemed discharged entirely, under S.9A of the Madras Agriculturists Relief Act, 1938, by the enjoyment of the property by the mortgagee for over 30 years, wherefore the plaintiff would have been entitled to a decree for redemption without payment, but for the enforcement of pre emption in the connected suit.
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