The appellants predecessor executed a usufructuary mortgage in favour of the respondents in the year 1094 M.E. companyresponding to 1919.
The appellant approached the High Court of Kerala with a second appeal which ended in dismissal on 28.11.85.
In the year 1122 ME 1947 a further mortgage was given by the mortgagor to the mortgagees for a larger amount inclusive of the amount of the earlier mortgage.
The suit was resisted by the respondents on several grounds, chief among them being that they had become tenants entitled to fixity of tenure by virtue of Section 4A of the Act.
The trial Court rejected the companytentions of the respondents and passed a decree for redemption in favour of the appellant.
SRINIVASAN.
On 30.1.1974 the appellant filed a suit for redemption of the mortgage of the year 1122 ME 1947 .
J. The only question which arises for companysideration in this appeal is whether the respondents can be deemed to be tenants within the meaning of Section 4A of the Kerala Land Reforms Act 1 of 1964 for short, the Act as amended by Act 35 of 1969.
