Srinivasan, J. - (1.) The only question which arises for consideration in this appeal is whether the respondents can be deemed to be tenants within the meaning of Section 4-A of the Kerala Land Reforms Act, 1 of 1964 (for short, 'the Act') as amended by Act 35 of 1969.
(2.) The appellant's predecessor executed a usufructuary mortgage in favour of the respondents in the year 1094 M.E. corresponding to 1919. In the year 1119 ME (1944) a document was executed in which it was recited that the mortgage amount had been received by the mortgagees and the land was surrendered to the mortgagor. Simultaneously another document was executed by the same mortgagor to the same mortgagees. 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.
(3.) On 30-1-1974 the appellant filed a suit for redemption of the mortgage of the year 1122 ME (1947). 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 S. 4-A of the Act. The trial Court rejected the contentions of the respondents and passed a decree for redemption in favour of the appellant.;