JUDGMENT

S.B. Majmudar, J.-The appellants, who are the heirs of deceased defendant no. 2, have challenged the judgment and order passed by learned Single Judge of the Kerala High Court in Civil Revision Petition No. 602 of 1980. The High Court rejected the contention of the original appellant-defendant No. 2, in Original Suit No. 241 of 1974 by which he claimed status of a deemed tenant as per the provisions of Section 6C of the Kerala Land Reforms Act, 1963 as brought on the Statute Book by the Kerala Land Reforms (Amendment) Act, 1979 (hereinafter referred to as the Act ). Having obtained special leave to appeal under Article 136 of the Constitution of India the present appeal has been filed by the original defendant No. 2. The respondents herein are the original plaintiffs in the suit.

2. A few relevant facts leading to these proceedings may be noted at the outset. The respondents-plaintiffs filed Original Suit No. 241 of 1974 in the Court of Subordinate Judge at Trivandrum for partition of respondents 5/6th share in the plaint schedule properties and for recovering the same from original appellant-defendant No. 2 and his wife original defendant No. 1 with past and future mesne