MATHAI ULAHANNAN Vs. KORA POTHEN

JUDGEMENT

(1.) This revision is by the plaintiff against an order of the Trial Court staying the suit under Act I of 1957.

(2.) The suit was laid as for redemption of Ext. A nadappupanayam dated 1-7-1100 and of Ext. B Puravaippa dated 2-7-1116 by the plaintiff who was the melottidar under Ext. C dated 19-5-1119. The defendant admittedly first came into possession under Ext. III lease deed dated 18-6-1095. Under that document there was an annual pattom of Rs. 60 as also certain other perquisites payable to the landlord and the defendant was to surrender at the end of three years without any claim for improvements. On 20-7-1096, even before the expiry of the term under Ext III, but after settling accounts thereunder, the lessor executed Ext XVI nadappupanayam in favour of the defendant for a sum of Rs. 400 and with a term of three years commencing its date. Under this document, the defendant was allowed to appropriate the pattern payable as per the lease deed Ext. III and also the income from the property towards the interest on the mortgage amount and pay certain michavaram to the mortgagor. And just as in Ext III he was to surrender the property after the term was over on payment of panaya-arthom alone without any claim for improvements. It was subsequent to this that Ext A mortgage deed was executed to the defendant and in respect of the same property for a panaya-artham of Rs. 875/- inclusive of the sum of Rs. 400/- covered by Ext. XVI. There were also other properties secured for the amount. The defendant mortgagee was directed under this document to enjoy the property as before for a term of 12 years and appropriate the entire usufruct towards the interest on the mortgage amount and differing from the previous document he was authorised to effect improvements on the property. Exhibit B puravaippa followed on 2-7-1116 with an additional consideration of Rs. 294 but without separate provision for interest thereon.

(3.) The short question is whether a holding within the meaning of Act I of 1957 is constituted under Ext A. Holding is defined as follows:-